f 



m 



i>i!.. 






hi*!!*! 






M';! Jl:[hi^! 1 






''■1 

'i\i' 



Uii'^i 



ITiipiUi.*,,, vliJl' i 

ifi'iiifiiii iii- 

111! ''li H''i'^ 






1!^ 






>^^ilH|h 



;;jl|ii;||ii!H!'i;?!; 



(r^'M'' 



*' 



rilljl! 







BRAMAN'S 



INFORMATION ABOUT TEXAS. 



CAREFULLY PREPARED 



BY D. E. E. BRAMAK, 

OP MATAGORDA, TEXAS. 




PHILADELPHIA : 

J. B. LIPPINCOTT & CO 

1857. 



Entered, according to Act of Congress, in the year 1857, by 
J. B. LIPPINCOTT & CO., 

in the Clei-k's Office of the District Court of the United States for the Eastern 
District of Pennsylvania. 






TO THE PUBLIC. 



This little volume has been written solely for 
the benefit of persons seeking information about 
Texas, and the matters herein contained are de- 
finite and reliable. The author, within the last 
ten years, has received scores of letters from 
abroad, making inquiries about the soil, chmate, 
and productions of the country, the land system' 
land claims, taxes, and all the other various 
questions which suggest themselves to minds 
stimulated by curiosity or interest; hence, the 
present volume. There are men and women, in 
every State in the Union, having interests in 
Texas, of one kind or another, to many of 
whom the information herein contained will be 

(iii) 



IV TO THE rUCLIC. 

of vital importance. There are others, also, 
who would like to cast their future lots in this 
favored land ; but they find it so difficult to get 
reliable information about the soil, climate, land 
system, and other important matters, that they 
hesitate, lest, when too late, they should rue the 
change. I have, therefore, endeavored to collect 
and collate all of those descriptions of practical 
knowledge which will be of most interest and 
benefit to such persons. I acknowledge myself 
under obligations, for valuable information, to 
those excellent journals, the "Galveston News" 
and " State Gazette," published at Austin ; and 
further deponent saith not. 

D. E. E. Braman. 
Matagorda, Texas, 



CONTENTS 



CHAPTER I. 

Information for Emigrants about different portions of Texas, "9 

CHAPTER II. 

Description of Counties 24 

Anderson county 04 

Burleson " , 05 

Coryell " 1 !'!!.!!!!!.!!.!!. .! 26 

Denton " og 

Ellis " 29 

Goliad " on 

Gonzales " 01 

Hays - *.*.*..'...'....* 32 

Henderson, and adjoining counties 33 

Johnson " op 



Kerr " o 



CHAPTER III. 



6 



Description of Counties (continued) 37 

Medina county... 07 

Matagorda " ' ' oq 

Llano «« A^ 

1* • (vT" 



VI CONTENTS. 

Page 

Navarro county 48 

Orange " 49 

Parker " 51 

Polk *' 51 

Robertson " 52 

Rusk ** 53 

Smith " 54 

Travis " 54 

Van Zandt " 55 

Washington " ^ 55 

Young " 57 

CHAPTER IV. 

Stock-Raising 61 

CHAPTER V. 

Sheep — Honey-bees 74 

CHAPTER VI. 

Wheat 77 

CHAPTER VII. 

Credit 80 

CHAPTER VIII. 

Schools 89 

CHAPTER IX. 

Taxation 92 

To persons who ovrn Lands in Texas, and have ne- 
glected to pay Taxes 93 

Advice to Non-Residents owning Lands in Texas 93 



CONTENTS. VU 



CHAPTER X. 

Page 

Heirship, and Rights to Property by Inheritance 98 

Marital Rights 101 

Forms for proving up Heirship 102 

Advice to Heirs 105 



CHAPTER XI. 

Conveyances of Real Estate , 107 

CHAPTER XII. 

Legal Rights and Remedies . 116 

Mortgages .... 116 

Releases of Mortgages 122 

Liens , 123 

Married AYomen 124 

Remarks and Advice 126 

Limitation Laws 128 

Supreme Court 129 

District Courts 130 

County Courts 143 

Justices' Courts 144 



CHAPTER XIII. 

Lands 147 

Of Head-Rights, First Class 152 

Second " 153 

" Third " 154 

Fourth " 155 

Of Military Land-Claims 155 

Of Special Military Grants 155 

Of Locations and Surveys 156 



Vm CONTENTS. 

CHAPTER XIV. 

Page 

Court of Claims 158 

CHAPTER XV. 
Itinerary 164 

CHAPTER XVI. 
General View of the Country 166 

CHAPTER XVII. 

Names of Deceased Land Claimants 171 

Notice 173 

CHAPTER XVIII. 
Post-Offices in Texas 174 

CHAPTER XIX. 
Counties and County Sites 182 

CHAPTER XX. 
Miscellaneous 184 

CHAPTER XXI. 
Statistics 186 

CHAPTER XXII. 
Remarks on Present and Future Prospects 190 



INFORMATION ABOUT TEXAS. 



CHAPTER I. 

INFORMATION FOR EMIGRANTS ABOUT DIFFERENT POR- 
TIONS OF TEXAS. 

The middle and northern counties of the State are 
settling faster than those on the seaboard, and the 
tide of emigration, which is continually rolling in 
through Arkansas and Louisiana like a spring jSood, 
will, in the course of three years, so change the face 
of nature, that strangers would not believe the 
results; to this conclusion are we brought, not by 
our desire for aggrandizement, but by what has 
transpired within the last like short period of time. 

The emigration for the western and seaboard coun- 
ties generally arrives by water, and is not so nume- 
rous or so regular ; the foreigners seek the western 
counties, to commingle with their countrymen who 
fortunately came earlier. 

I have, for convenience, di\dded the State by cer- 
tain arbitrary designations, as follows, viz : 

l!Torthern counties, all above 32° of north latitude. 

(9) 



10 INFORMATION ABOUT TEXAS. 

Middle counties, all above 31° and below 32°. 

Interior counties, all above the seaboard counties 
and below 31°, and east of the Colorado River. 

Western counties, all west of the Colorado and 
south of 31°. 

Seaboard counties, all bordering on the Gulf of 
Mexico and on the connecting bays. 

Emigrants owning ten slaves or upw^ards, and w^ho 
desire to raise cotton or sugar, will find it most in 
accordance w^ith their interests to select some of the 
fine alluvial soils of the seaboard counties, east of the 
Colorado. Emigrants intending to rely mainly on 
stock-raising, will find no better locations than on the 
edges of the large prairies that lie between the allu- 
vial lands ; in the aggregate they are vast, and inex- 
haustible in herbage. 

Emigrants having negroes, but less than ten, can 
do w^ell in any part of Texas ; I think, however, the 
interior counties will suit their interests best, where 
the lands are more diversified in quality and cha- 
racter, with smaller and better prairies for cultivation, 
and more timber ; w^here cotton, and all the grains 
and fruits flourish, and come to perfection ; and where 
each planter or farmer can raise his own horses, 
mules, and cattle. 

This region possesses advantages which allow of 
the combination or intermixture of farming, planting, 
and stock-raising, all together, or either one of those 
employments separately; but it is found most j)ro- 
fitable and comfortable to accept all the boons of 



INFORMATION ABOUT TEXAS. It 

Nature, and not to be confined to one calling or pro- 
duct exclusively. 

The people are more rural and domestic, and less 
aristocratic than in the seaboard planting region. 
The farm or plantation is the home of the owner and 
his family, and those persons who possess slaves either 
labor with them, or superintend them personally; 
happiness, enjoyment, and independence, dwell among 
this people, and their few slaves are component parts 
of their families, and partake of the joys and sorrows 
of their protectors. All those portions of Middle 
and Interior Texas, lying on or near the Colorado, 
Brazos, Trinity, Sabine, and Neches rivers, and their 
tributaries, are very fertile, and quite densely tim- 
bered. The cotton planters who leave the seaboard 
settle here. Population is verj^ generally difiused 
over the interior counties, and the cities, towns, pub- 
lic improvements, substantial private residences, snug 
farms and plantations, sleek cattle and horses, and 
the long trains of ox wagons going to and from the 
towns, laden with what the soil yields, or some equiva- 
lents, bespeak an easy independence among the 
people. 

The eastern portion of Interior Texas was settled 
in early times ; still there is plenty of good land for 
sale at low prices. 

Middle Texas, west of the Trinity, was settled 
much more recently than the former, and is not, as a 
general thing, so desirable a country ; nevertheless, 
the counties lying on the Trinity, and all west of it, 



12 INFORMATION ABOUT TEXAS. 

have much excellent land ; the further west we go 
the better the land becomes ; and between the Brazos 
and Colorado they are equal to any portion of the 
State. 

This region is much diversified, and contains many 
varieties of land, some of the very best quality, and 
much that is considered in Texas poor. Some large 
districts of timber, and again other parts where tim- 
ber trees are a novelty ; here the prairie lands are the 
best for cultivation, being easy of tillage, and very 
productive in wheat and all the cereals, but wheat 
seems to be the staple production. Of fruits, apples, 
pears, quinces, and plums, ripen to perfection. In- 
dustrious emigrants from the older States will better 
their conditions amazingly by seeking homes in Mid- 
dle Texas. The climate is generally healthy; the 
winters are short, and colder than on the seaboard ; 
the spring seasons mild, and glowing with budding 
life ; and the summers are long, dry, and sultry ; the 
autumns are pleasant and agreeable, neither too hot 
nor too cold, and frequently encroach much on win- 
ter's dominion. 

Water from wells is always cool and wholesome, 
and the streams and springs are usually potable. 
Some, however, hold minerals in solution, or other 
deleterious matter, which requires the new-comer to 
be cautious. 

l^orthern Texas is the region destined to become 
the most prosperous and thickly populated part of 
the State, and, although but recently recognised as 



INFORMATION ABOUT TEXAS. 13 

being within habitable bounds, has already a large 
population. 

I was told by some gentlemen, who recently tra- 
velled through Cook County, the most northern ter- 
ritory of the State, that they w^ere scarce ever out of 
sight of settlements. Wheat was selHng at fifty cents 
per bushel. This, it is true, is an evidence that the 
demand is not commensurate with the production, 
but it also shows a well adapted, productive soil, and 
the interest is becoming so important, that a demand 
will be created through the agency of railroads. 
There are no large rivers in this region ; but it is well 
watered with brooks, rills, and streamlets, that inces- 
santly flow, through all seasons. 

The climate is exceedingly healthy, and the sea- 
sons are sufficiently marked by summer's heat and 
winter's cold, by the bland zephyrs of spring, and 
the still mellow autumnal days and frosty nights, to 
give a pleasing variety to the course of the year. To 
the industrious farmer, who has the health, will and 
independence to till the soil, this region offers supe- 
rior advantages to all other parts of the State ; here 
will be made the flour, butter, cheese, and salted 
meats for the large seaport towns ; this is the Goshen, 
the land of promise of the Southern States. A 
thrifty former, now living in Cook County, and who 
has become rich, told me that he formerly lived in 
the best wheat portion of the State of JSTew York, 
that he afterwards moved to Ohio, and from there to 
Illinois, but that he had never seen such excellent 
2 



14 INFORMATION ABOUT TEXAS. 

land for wheat, or so large crops, in any of those grain 
States, as in Cook County. The long distance of the 
northern counties from the seaboard, and the majority 
of them being far from any navigable stream, have 
prevented emigrants who came by water from getting 
so far inland, and the markets for productions being 
distant, and difficult of access, a proper stimulus for 
extensive and thorough cultivation of the soil is lack- 
ing. I have been credibly informed, that a man with 
a plough, drawn by one horse, may break up any of 
the tillable soil in Cook, Fannin, Denton, Grayson, 
and Lamar counties, so that he may plant wheat, 
corn, and potatoes, and that the two latter require 
very little after-cultivation. The prairie lands are 
always preferred, being easier to cultivate than the 
timber lands, and, in fac-t, are the only first-class soils. 
The mode of travel, for emigrants to Middle and 
i!Torthern Texas, is the same that was practised by the 
first emigrants from 'New England to Ohio and the 
"X^estern States, across the Alleghenies : highly pri- 
mitive, and suggestive of patience and long suffering. 
Northern Texas is infected with none of the pes- 
tiferous miasmatic vapors which arise, in many, other- 
wise desirable, localities, from swamps, morasses, and 
stagnant ponds, and which are so fatal in many new 
States. The climate is healthy, and restorative to 
shattered constitutions. [tTevertheless, emigrants 
should be careful, for a year or two, and not expose 
themselves unnecessarily to wet, cold, or hot sun : in 
the middle of the day, in summer, labor should be 



INFORMATION ABOUT TEXAS. 15 

avoided ; drink not the cold spring water when 
heated, be careful in diet, eat moderately, and of 
simple, well-cooked food, eschew whiskey and all 
other poisonous drinks, make daily ablutions of the 
entire body, when first out of bed, and keep your 
temper cool and your mind contented ; and, if you 
are an honest man, a good husband and father, your 
health, under ordinary circumstances, will last to old 
age, and until the human machine shall have been 
worn out by lapse of time. I would also recom- 
mend that you keep on good terms with your wife, 
govern your household like a Christian, and be at 
peace with your neighbors : have a small library of 
select works, and subscribe to one or two good news- 
papers, so that your evenings and leisure hours may 
be spent profitably and agreeably, and yourself and 
family receive intelligence, and keep informed of the 
busily passing events of the old world. 

Those emigrants who bring children should keep 
them out of the hot sun and inclement weather, feed 
them sparingly on simple food ; no tea, or cofifee, or 
other narcotic stimulants ; and bathe daily. I place 
great confidence in the frequent outward use of cold 
water, as a preventive and curative ; and contend, 
that accumulated dirt under the garments is just as 
ofiensive and filthy as a dirty face or hands, and a 
greater harbinger of ill-health. I do not make all 
these recommendations because I think there is any 
critical period or season here, called the acclimating; 
but I know that emigrants are deprived of many of 



16 INFOKMATION ABOUT TEXAS. 

the comforts which they enjoyed in their old homes ; 
that they are necessarily subject to more exposure 
and privations; that the care and anxiety for their 
success, for the health and comfort of their families, 
the uncertainties and disquietudes about a problem- 
atical future, all conduce to unhealthy excitement, and 
disease ; and, even in their native climate, under like 
mental and physical exertion, sickness would result. 
I can imagine what a destructive, trying, and expen- 
sive affliction sickness in an emigrant's family is; 
how it stops all the wheels of advancement, distracts 
the future plans and calculations, and swiftly eats 
away the humble substance. And then, if death 
come — how terrible and overwhelming! — the cot 
becomes desolate to the living, the beauties of the 
new home, the wild scenery, the domestic arrange- 
ments — all are turned into objects of loathing, the 
precincts of the charnel. I would further caution 
new-comers who desire peace, prosperity, and health, 
to avoid lawyers, doctors, and quack medicines, and 
all other unseemly monsters, and to attend strictly to 
their domestic afiairs. Firstly, after arriving, if not 
before done, they should select a good tract of land ; 
for, in a country like this, where there is so much 
for sale, a man should not be contented with any but 
of the first quality. It is best to have it fronting on 
a stream, if possible, where plenty of wood, for 
fencing and fuel, is handy ; and, if meandered by 
creeks, brooks, or spring rills, it is all the more 
desirable. Let him select high ground for his 



INFOHMATION ABOUT TEXAS. 17 

dwelling, protected, at the north, by timber or irre- 
gularities in the land ; let the house, in the improve- 
ments, be first built — an humble edifice will answer 
best: it should have a good floor and tight roof, 
ahove all. The house should stand on blocks of 
wood or stone, at least two feet above the ground, 
so that the fresh air may circulate freely : there 
should be no chance for water to accumulate under 
the dwelling, for an instant : all stagnant pools any- 
where should be dispelled. After the human dwell- 
ing comes the cow-pen, made, in the most convenient 
mode, with strong rails and posts: then should be 
purchased a few good cows, according to means and 
advantages of prairie pasturage: then the animals 
for a team ; oxen are preferred, for small farmers, as 
being less expensive, easier kept, and more readily 
obtained; and the farmer can, after three years, 
renew his team from his own stock, and turn out the 
old oxen to make beef, when they are no longer fit 
for work — they soon fatten on the prairies. Emi- 
grants can always purchase lands in Texas on better 
terms than in any of the other States, for the reason 
that it was acquired from the sovereignty of the soil, 
by the original possessors, by free gift. 

An emigrant should never purchase less, at first, 
than 320 acres of land : this can be acquired for a 
small advance in money, and the balance on long 
time — the purchaser giving his promissory note, 
with mortgage on the land. 

After finding a suitable tract, and the owner 
2* 



18 INFORMATION ABOUT TEXAS. 

thereof, and entering into negotiations, the emigrant 
should have an examination, at the county clerk's 
office, to see if the coveted land is free from all 
incumbrances, and the title in the ostensible owner. 
Then resort to the district clerk's office, and see that 
there are no judgments against the owner; also ascer- 
tain if all taxes are paid ; after which, he may con- 
clude his purchase, always being sure to take a con- 
veyance, with full covenants. 

After the dwelling and cow-pen, the next labor is 
to select the richest soil out of the tract for cultiva- 
tion, and plough enough for the first year's corn, 
wheat, potatoes, oats, millet, and minor vegetables. 
He should commence ploughing immediately after 
arranging a shelter for his family, and an enclosure 
for a few milch-cows. No matter what time he 
arrives, even in the summer, the ploughing, at that 
season, turns in the heavy coat of vegetation, w^hich 
improves, lightens, and quickens the soil : another 
slight ploughing, in the fall, before sowing grains, 
conduces much to a good yield. The ploughing for 
corn and potatoes should be done in January, or the 
first of February. Planting may be done in the 
latter month, and along until the last of April. It 
is true that the soil very seldom gets more than one 
breaking up; and that, with this, good crops are 
raised, in ordinary seasons; but, if time can be 
spared, more husbandry will w^ell remunerate the 
extra labor. 

It is a momentous affiiir for a family, in the older 



INFORMATION ABOUT TEXAS. 19 

States, surrounded with the ties of relations and 
friends, with local attachments for home, and all its 
recollections and hea7't-ties, to bid good-bye forever ; 
to take a long last look of places and friends, which, 
affection, time, and long familiarity, have made too 
dear; to quit all these, and plunge into the great 
stream of emigration, which leads, the adventurer 
knows not whither, requires nerve ; for it is a very 
serious matter, and ought to be well considered and 
weighed, before ventured on. Still, if concluded 
on, a determined will and mature calculation should 
accompany the undertaking, which is to cast a life- 
long destiny — no flinching, for on manly resolution 
depends success. It would always be better if those 
persons desiring to emigrate to Texas, with their 
families, could come and look at the country, be- 
fore a final remove ; but distance, expense, and 
consumption of time, generally prevent such cau- 
tionary measures. Therefore, a knowledge of the 
country must be acquired through the perceptions 
and judgments of other people; and, as men are 
governed in their views and representations by many 
causes, emigrants are frequently unhappily disap- 
pointed, and more especially if they are from the 
older States : the discomforts of a log-cabin ; the 
jolting of an ox-cart, which takes the place here of 
a pleasure carriage ; the homely roughness of the 
neighbors ; illy suit the tastes of fastidious persons. 
But hardships, privations, and discomforts, must 
ever, for a season, be endured by the emigrant. 



20 INFORMATION ABOUT TEXAS. 

The sparseness and distance of neighbors (and per- 
haps the nearest may be a Dutchman), makes it 
lonely for the family at first, but this dreariness soon 
wears off; the scenery is new, everything around is 
strange and unusual ; the prairies, the herbage, the 
trees and rocks belong, as it were, to a different crea- 
tion ; even the sky above is not the native heaven, the 
phenomena of Nature seem to be governed by new 
and strange laws. 

The contemplation of these fills up the dreary void 
left in the mind by far distant objects, and the affec- 
tions of the family gradually become concentrated 
on the new home. A few years of quiet industry 
pass by, the neighborhood fills up apace, small vil- 
lages start up and grow with unprecedented rapidity, 
roads and cross roads and parallel roads mark the 
country, stores and churches and schools are not dis- 
tant in any direction, markets and speculators come 
in competition for the coveted productions of the 
soil, people of wealth and extended enterprise begin 
to settle about, and lands and property rise higher 
and higher, until the emigrant finds himself wealthy, 
his family are able to have the comforts and luxuries 
of refined society, and to educate and bring up their 
children in the ways of respectability and usefulness. 

Emigrants should bring with them as many garden 
and other rare seeds as convenient ; the more com- 
mon seeds will be found in the country. Everything 
else let them turn into money, for it will be more ex- 
pensive to bring cumbrous household and farming 



INFORMATION ABOUT TEXAS. 21 

implements than to purchase them, unless they intend 
settling near the coast. 

Emigrants from the Eastern, Southern-Atlantic, 
and Middle States, will do best to come by sea to 
Galveston, or Matagorda Bay. 

The most economical, profitable, and pleasant way 
for settling in a new country, is to proceed after this 
plan : — "Where there are eight or ten families in a 
neighborhood, who have made up their minds to seek 
a new home, let them organize themselves into a 
company, under written articles of agreement ; each 
head of a family binds himself to furnish so much 
money for the general object; then ascertain the 
wholesale cost of transporting all of the families and 
effects to the shores of Texas ; one of the members, 
a shrewd, capable man, is sent out to bargain for a 
suitable tract of land, that, when divided, shall suit 
all of their several wants ; the first year they farm in 
common, and until, by their united labor, each family 
is furnished with a dwelling, fences, &c. ; after that, 
when a good supply of grain has been raised to fur- 
nish the community until the next harvest, the land 
can be divided among them according to their re- 
spective advancements of capital. In this way a 
thrifty settlement at once arises, and becomes the 
nucleus around which other emigrants are constantly 
attracted, and in this manner can be purchased much 
cheaper. The dreariness of a solitary emigrant's life 
is never felt by members of a community, and the 
comforts and advantages of homogeneous society are 



22 INFORMATION ABOUT TEXAS. 

retained, while land and property become immedi- 
ately enhanced two or three hundred per cent. 

Western Texas is an extensive country, and has 
many varieties of soil and productions. Excepting 
on the bottom lands of the rivers and water-courses, 
the people are mostly engaged in stock-raising ; many 
of them exclusively, and others in connection with 
farming. This region, below 30°, and west to the 
Rio Grande, is very subject to long droughts during 
the summer ; still the crops on the bottom lands sel- 
dom fail. N^o portion is sickly, but all is favorable 
to the hfe and energy of man and beast. The prin- 
cipal grass on the prairies is the far-famed mesquit, 
deservedly renowned for its universal abundance and 
nutritious qualities; during all the winter season, 
and after it has become sere and yellow, cattle and 
horses will eat it with the same avidity and benefit 
as when green. Of late years, large quantities have 
been cured and baled for distant markets, and the U. 
S. military posts always prefer it for their cavalry 
horses to the imported hay from cultivated grasses. 

I would advise emigrants who want good and 
cheap lands, with plenty of mesquit prairie for stock 
range, to purchase on the l^ueces, Rio Frio, or some 
of their branches. This is a desirable part of "West- 
ern Texas, and has as many natural advantages as 
can be asked by any reasonable man. Land sells at 
from $1-50 to $2-00 per acre. The timber on the 
streams is peccan, hackherry, several kinds of oak, 



INFORMATION ABOUT TEXAS. 23 

cypress^ and mulberry ; on the prairies are mucli live 
oak and mesquit timber. 

There are many other portions of the west where 
the land is better adapted for raising cotton, but none 
that will so well suit the emigrant of moderate capi- 
tal, and fill the measure of his utmost expectations 
and desires. 



CHAPTER II. 

DESCRIPTION OF COUNTIES. 
ANDERSON COUNTY. 

This is an interior county, on the Trinity Eiver, 
the centre being 180 miles from Galveston. The 
Trinity is navigable for steamers far above this 
county, though not at all times to be depended on. 
The face of the country is level, with timber lands 
on the streams, and luxuriant prairies between. 
Palestine, the county-seat, is well situated in the 
centre of this flourishing county. There is very little 
rock, and the soil is easily cultivated. Palestine 
contains a population of 1200. The business of the 
town is confined to retail trade w^ith the surrounding 
country ; there are twelve stores here, among which 
are two drug stores and a book store ; all seem to be 
prospering. The county gives one thousand votes, 
and makes about 300,000 lbs. cotton. 

The land is quite fertile, producing, on an average, 
one bale, or 500 lbs. clean cotton per acre, or thirty 
bushels of corn to the acre. Cotton seems to be the 
best adapted to the lands of this county, but wheat 
grows and produces well. The crops are sent down 

(24) 



DESCRIPTION OF COUNTIES. 25 

the Trinity to Galveston, or hauled to Houston by 
ox teams. 

BURLESON COUNTY. 

This county lies north, and adjoining "Washington 
County, and has been settled for many years; the 
lands are fertile ; distance of county-seat from Gal- 
veston is 150 miles, and from Matagorda 150 miles. 
Though the crops of 1856 were short in this rich 
county, the farmers made a large amount of bacon, 
depending altogether on the oak mast ; farmers from 
other counties during the last fall drove many hogs 
here to fatten ; still there was an abundance of swine 
food for all. The lands of Burleson County are stea- 
dily advancing in value. Unimproved bottom lands 
are worth JlO per acre ; uplands are worth from two 
to three dollars per acre. 

The "Old San Antonio road," which divides Eob- 
ertson and Brazos counties, east of the Brazos River, 
passes centrally through Burleson County from east 
to west. This county is also largely interested in 
stock-raising, and it is said that there are now at least 
$50,000 worth of beeves ready for market. 

Caldwell, the county-seat, is a pleasant, healthy, 
and flourishing village, situated on the San Antonio 
road, about eleven miles west of the Brazos ; it con- 
tains seven dry goods and other stores, and fortu- 
nately but one place w^here liquor is sold. There are 
good male and female schools, aflbrding excellent 
opportunities of educating children. A Masonic 
Lodge, a Temple of Honor, and one of the most 
3 



26 DESCRIPTION OF COUNTIES. 

capacious and best built brick court-houses in the 
State ; also a Methodist and a Baptist church build- 
ing. The population numbers about 300, who are 
moral in their habits, intelligent, and courteous to 
strangers. 

CORYELL COUNTY. 

This county takes its name from a creek, which 
derived its name from a man named Coryell, who 
had a survey of land on this creek, and was killed 
several years ago by Indians. The county is divided 
into prairie, timber, mountains and valleys. The 
Leon River is the main stream, which runs into the 
county about ten miles south of the north-west 
corner ; it then makes a bend more southward, and 
runs near the centre of the county ; thence out to the 
south of the north-east corner, about eight miles. 
The main tributary of the Leon, on the north, is 
Coryell creek, which has its source near the north- 
west corner of the county, and runs south-east to the 
Leon, about twelve miles below Gatesville. East of 
this stream and the Leon is prairie, good soil, and 
fine stock range. The prairies will soon be dotted 
over with settlements and small farms, for this is a 
paradise for the small farmer. Rails delivered on 
this prairie cost from $2-50 to $3 per hundred. 
There are mountains on both sides of Coryell creek, 
which furnish large quantities of cedar. The valleys 
on this creek are small ; the Leon has much valley 
land, which produces grain of all kinds in abun- 
dance. There is also some sandy post oak land, 



DESCRIPTION OF COUNTIES. 27 

excellent for hog-raising, from the abundance of 
mast. 

There are several small streams running into the 
Leon from the south-west side, the largest of which 
are Plum creek, Henson's creek, and Owl creek ; the 
first of these empties into the Leon above Gatesville, 
the second ten miles below, and the third below the 
county line, in Bell County. 

These streams have all their hills and valleys. 
Many beautiful situations for small farms are to be 
found in the valleys, with first-rate soil, and timber 
on the hills and creeks. Hogs, sheep, goats, and 
small stocks of neat cattle do well, and afford an easy 
income to the farmer, with very little trouble and 
outlay. Cowhouse creek is a large, clear stream, 
having its source in Comanche County, and runs east 
through this county ; its valleys of good land are 
from a quarter of a mile to two miles wide, chiefly 
prairie, with timber on the creeks for building, fire- 
wood, and fencing ; a very good stock country, and 
well watered. This stream empties into the Leon 
in Bell County, six miles above Belton. Fencing, 
on Cowhouse creek, costs about $2 per hundred 
rails. There has been no cotton planted in this 
county ; w^heat is a staple crop. There are but two 
mills in the county ; one owned by R. G. Grant-, a 
quarter of a mile from Gatesville, on the Leon ; the 
other belonging to Mr. Jones, near the Bell County 
line, on the same stream. This year, as is very well 
known, was so very dry that it is no criterion ; in 



28 DESCRIPTION OE COUNTIES. 

common seasons, mills on the Leon will run nine 
months in the year. All of the streams have good 
mill-seats, yet unoccupied. 

Gatesville, the county-seat, is the only town. It 
is pleasantly situated on the north side of the Leon, 
on an eminence. The town consists of about thirty 
houses, including court-house, jail, shops, and offices. 
There are three stores, two hotels, three law^yers, two 
physicians, and several mechanics; the professional 
men have very little business. The population is 
from all the States, but principally from the western 
portion of the Southern States. Society is good, and 
churches and school-houses are being built in various 
parts of the county. Improved lands can be bought 
at from $3 to $6 per acre ; unimproved lands at 
from $1*50 to $4 per acre. There are yet some 
choice tracts of vacant land in this county. From 
Austin to Gatesville is 80 miles; the nearest and 
best route being by Georgetown, thence by the Fort 
Gates military road. 

DENTON COUNTY. 

This is a new county, in the extreme northern part 
of the State. It is a good grain and fruit region ; 
surface level and easy to cultivate, being divided into 
prairie and timber ; frequently large crops of wheat 
and corn have been planted, with only the assistance 
of one horse and a plough, to break the soil. 

Denton is the name of the county-seat, which is 
situate six miles w^est of Alton, the former county- 



DESCEIPTION OF COUNTIES. ^ 29 

town ; it is a delightful place, located in a neck 
of prairie, connecting with the Grand Prairie. 
There are 600 voters in this countj-, and immi- 
gration is rolling in like a flood-tide in a northern 
latitude. Pork is worth 2^ cents per lb.; flour 
$3-50 per cwt. ; corn 60 to 70 cents per bushel ; and 
wheat 75 cents. The present low price and abun- 
dance of provisions offer great facilities to the emi- 
grant, and those persons who desire new homes can- 
not do better in any part of the United States than 
in Denton. This county has good cattle and hog 
ranges; being situated in the "Cross Timber" coun- 
try, there is a superabundance of mast, and hogs 
fatten on it, without an ear of corn. Distance from 
the town of Alton to Austin is 200 miles. 

ELLIS COUNTY. 

This county is in the northern part of the State, 
and above the Pacific Eailroad. 

"WaxXahatchie, the county-seat, is decidedly a beau- 
tiful and rising town, situated contiguous to a 
good supply of timber, blessed with plenty of excel- 
lent water, healthful, and surrounded with the best 
wheat-growing region to be found. Emigrants with 
small means, and who desire to cultivate a remune- 
rating soil, cannot do better than go to Ellis County. 
Sheep, cattle, and horses do well, and have an abun- 
dance of free pasture. 
3* 



30 DESCRIPTION OF COUNTIES. 

GOLIAD COUNTY. 

This is a western county^ and lies near the Gulf of 
Mexico ; the San Antonio River runs through the 
centre ; there are several smaller streams. The land 
is good for cotton and corn, that on the Blanco and 
Medio being very superior. For stock-raising this 
region has not its equal out of Texas. Lands are 
worth from $1-50 to $S per acre ; immigration is now 
turning in this direction, and lands will rise in price. 
The climate is healthful at all seasons, it being suffi- 
ciently near the Gulf to enjoy the exhilarating breezes 
in summer and modifying influences in winter. 
Stranger, if you have a small money capital, and are 
blessed with a large family, go to Goliad County 
while yet the lands are cheap, acquire a few hundred 
acres, buy a few cattle and horses, and the foundation 
of your fortune is laid, firmly and securely ; you 
never will regret the move if you take this advice ; 
your only sorrow will be that you did not come 
sooner. 

This charming county lies about thirty miles north 
of Aransas Bay, and is well situated for the cultiva- 
tion of cotton, and stock-raising. It has an intelligent 
and refined population, and is favored with two well- 
conducted literary institutions : Aranama College 
and Paine Female Institute. The town of Goliad is 
the county-seat; the old Mexican town of La Bahia 
is situated opposite Goliad. The view from the 
heights of La Bahia is indeed an enchanting one, 



DESCRIPTION OF COUNTIES. 31 

and seems especially so when bathed in the sunlight 
of a serene and cloudless sky. On the left, as you 
ascend to the mission, rise romantic hills, sloping into 
various plains, which are, even in winter, covered 
with merry green, and through which the rippling 
surface of the meandering San Antonio flows, in all 
its sparkling and peculiar beauty. The lovely town 
of Goliad, with its neat white houses, amidst over- 
shadowing trees, lies beyond; and towering above 
them all, upon opposite summits, stand Aranama 
College and Paine Female Institute. On the right 
of the ascent an almost interminable, but undulating 
prairie, stretches far around, presenting a scene of 
classic and picturesque beauty. The old mission 
church is still in a state of preservation, though sur- 
rounded by broken walls and crumbling bastions; 
the hand of modern renovation has in a measure 
rendered the interior fit for religious worship. 

GONZALES COUNTY. 

This county is 'west of the Colorado, and was set- 
tled in the early history of Texas. There are exten- 
sive deposits of iron and coal in this county. The 
distance from Gonzales to Port Lavacca is 75 miles. 
The lands of this county are fertile and easily culti- 
vated. A recent writer says of the land on Peach 
Creek, in that county : — "It is as fertile as the river 
valleys, and has the immense advantage of sustaining 
drought with less injury to the crops ; last year (1856), 
notwithstanding the unprecedented drought, the yield 



32 DESCRIPTION OF COUNTIES. 

of corn averaged from twenty to forty bushels. The 
scenery is beautiful, of the description known as roll- 
ing prairies. The long slopes are covered with thick, 
soft grass, and crowned with groves of noble live oaks 
and other trees ; building-stone is found in abundance 
throughout the county, and the numerous little 
brooks of clear running water afford every advantage 
for stock. Sheep are raised in considerable numbers, 
and are healthy and very profitable. Hogs, likewise, 
are abundant and thrifty, and increase rapidly. 

This desirable region is rapidly filling up with 
intelligent and substantial men; people of means, 
liberality, and enterprise, who will take much interest 
in building up churches and schools, to meet the in- 
creasing necessities of the country. It will be well 
for emigrants with capital to take a look at this 
county. 

HAYS COUNTY. 

This is a western county ; the surface is diversified 
by hill, valley, rivulet, and brook. It is a good stock- 
raising and farming county, and has a genial climate ; 
here are some of the most valuable water privileges 
in the State of Texas; coal, iron, salt, and other 
minerals and metals, are said to abound. The dis- 
tance from the centre of the county to Port Lavacca 
is 135 miles. San Marcos is a town at the Springs 
of that name, and Stringtown is a settlement built 
along a beautiful vallej' at the foot of the mountain 
range ; these are both charming sites. A recent 
writer says : — " There is not a more beautiful and 



DESCRIPTION OF COUNTIES. 83 

romantic spot than the San Marcos country ; on the 
north the mountains afibrd protection against the 
'!N"orthers/ on the south the country spreads out in 
beautiful prairie valleys, which make most excellent 
farms; on many of them are now (January, 1857) 
large fields of wheat in a flourishing condition, which 
cover the earth with a lovely mantle of deep green." 
San Marcos contains several stores, a tavern, church, 
and several other public buildings ; it is situated on 
the west side of the San Marcos River, a beautiful, 
transparent stream, which gushes out in a large 
spring, forming a miniature Switzer lake at the foot 
of a mountain. This stream constitutes a splendid 
water-power, capable of moving any amount of ma- 
chinery; a cotton factory is under progress at this 
place ; a large manufacturing town will arise here, 
equal in importance and wealth to any of the 'New 
England towns. The San Antonio and Gulf Rail- 
road, now in vigorous progress of construction, with 
every guarantee of speedy completion, will give to 
this western portion of the State an impetus on the 
road to prosperity and aggrandizement which cannot 
now be realized. Lands can now be bought in this 
county at from $2 to $10 per acre. 

HENDERSON, AND ADJOINING COUNTIES. 

This is the next county above Anderson, on the 
Trinity River, and is fast filling up with an indus- 
trious population. Public attention has been more 
turned to this section of late, and we are convinced, 



34 DESCRIPTION OF COUNTIES. 

from the inducements offered, that no portion of 
Texas will improve, for the next ten years, in in- 
creased population and wealth, more than it will. As 
an average of the production of the timbered coun- 
ties, we would say that, in cotton, through a series of 
years, the farmers would raise 800 pounds per acre ; 
a No. 1 farmer could safely calculate on 1000 or 1200 
pounds. Farmers do not generally take so much 
pains in the cultivation of their lands as in most of 
the other Southern States ; they seem to get indolent 
and careless, which is partly caused by the fact, that 
here a man can raise more with a little labor than is 
usual elsewhere. The lands of this county are well 
adapted to corn ; even in the driest years they will 
produce from twenty-five to thirty bushels per acre ; 
they also produce good wheat where it has been tried, 
very little having been planted until within the last 
two years. Last fall (1857) more was planted than 
usual, and it is now very promising. We are satisfied 
that this is one of the healthiest regions under the 
sun ; here there are but few local causes for disease ; 
and the water is pure and w^holesome. Lands are 
cheap in this portion of Texas ; in Rusk, Cherokee, 
Smith, Anderson, and Harrison counties, which are in 
the highest state of improvement of any in the State, 
and the most densely populated, they are worth from 
$2*50 to $10 per acre. It is beyond question a very 
superior hog country ; most of the farmers feed their 
hogs but little, they becoming sufficiently fat to kill by 
running in the woods ; meat this season has averaged 



DESCRIPTION OF COUNTIES. 85 

about 4J cents net ; corn is worth 50 cents per bushel ; 
cattle about $6 per head by the stock ; poultry abun- 
dant; butter 20 cents per pound. The lands lay 
generally level, and there are very few rocks to inter- 
fere with cultivation. There are, from Henderson to 
Tyler, in Smith County, numerous little towns 
springing up, in all of which the school-house and 
church are prominent establishments. The town of 
Tyler is a considerable place, beautifully laid off, and 
is the county-seat of Smith County. The court-house 
is a fine sightly brick building ; the houses are all 
good ; some of the dwelling-houses are models of 
elegance and comfort. Education is in a flourishing 
condition, and measures are on foot to build a Uni- 
versity at Tyler. 

Kickapoo, in Anderson county, is described as a 
thriving town, and doing considerable business. 

The lands in this section are red, sandy, and very 
productive : there is much timber and little prairie. 
Corn was plenty last fall, and sold for fifty cents per 
bushel. There is not much stock in this region, but 
it is well adapted to swine, aud pork is very cheap 
every fall. 

Sumpter, in Trinity county, is a new place, it being 
only two years old ; but gives evidence of much pub- 
lic spirit and enterprise. 

A court-house has been commenced, at this place : 
the material is of brick, and the building is to be two 
stories high, and of ample dimensions. 



36 DESCRIPTION OF COUNTIES. 

JOHNSON COUNTY. 

This county lies above the line of the Pacific rail- 
road (32°), and is in the midst of the wheat region. 
It is of quite recent organization : the lands are good 
and very cheap ; the prairies are said to be of the 
best quality. We learn that the population is in- 
creasing, by large and substantial additions of emi- 
grants. The famous heights, "Pilot Knob" and 
" Camanche Peak," are in this county. Distance 
from Matagorda to the centre is 250 miles, and from 
Port Lavacca is 250 miles. 

KERR COUNTY. 

This is a new county, in the western portion of the 
State. The country is much broken, and diversified 
with hills and valleys : the hillside springs send forth 
their brooks and rills, to make this charming region 
more lovely, and permeate the virgin soil with their 
life-giving powers. Stock of all kinds do well ; and 
it is said that the soil and climate are well adapted 
to the extensive culture of grapes and other fruit. 

This county is fast filling up with substantial set- 
tlers, who are reaping the benefits of cheap lands. 
It is one of the most healthful counties in the State. 
There are many indications of valuable metals and 
minerals here. 

Distance from the centre of the county to Port 
Lavacca, is 180 miles. 



CHAPTER III. 

DESCRIPTION OF COUNTIES (CONTINUED). 
MEDINA COUNTY. 

A great deal of the surface of this county is made 
up of hill, dale, valley, and prairie : it is well watered 
with mountain streamlets, on some of which thriving 
manufacturing villages will arise. This is a western 
county, and is settled mostly with foreigners. Cas- 
troville, the seat of Medina county, is most happily 
located, with regard to fertility of soil, abundance of 
water, timber and grazing lands. It extends over a 
level prairie, following the meanderings of the Me- 
dina; is surrounded by gentle, well-timbered hills, 
from the top of which the e3^e embraces the whole 
valley, which has been made a perfect garden by the 
settlers. Twelve years ago, Castroville was one of 
the most attractive hunting-grounds of the fierce 
Lipan Indians. It derives its name from Mr. Castro, 
who obtained, in 1842, a contract from the Texan 
government to introduce foreign emigrants. The 
majority of the settlers are from the French and 
German borders of the Rhine, and seem to be hardy 
and industrious citizens. They speak German 
4 * (37) 



38 DESCRIPTION OF COUNTIES. 

amongst themselves, although most of them have 
sufficient knowledge of the English language to be 
able to transact business wuth Americans. There 
are three schools in this thriving place, one of which, is 
free ; and the rising generation are receiving inesti- 
mable advantages. I do really believe that the 
foreign children acquire an education, in English, 
sooner than those born of American parents. I have 
frequently seen German children, of ten or twelve 
years old, who were much further advanced than 
their compeers of more favored birth. 

The town numbers 1000 souls, within the incor- 
porated limits, independent of a large rural popula- 
tion in the close vicinity. 

The court-house is a substantial building : there is 
also a Catholic and a Protestant church, the former 
of which is an elegant stone building, and would be 
creditable to a wealthier communit}^ Three large 
stores, several smaller ones, a brewery, and an excellent 
water-power grist-mill, all doing good business, indi- 
cate thrift and prosperity. The dwellings and im- 
provements show that the inhabitants have exchanged 
their dejected condition, in their faderland, for com- 
fort and abundance. 

The principal wealth of this county arises from 
corn-planting, and raising cattle, horses, hogs, and 
poultry ; for which a ready market is found in the 
military posts farther west. The hauling of stores 
and subsistence for the army is also an important 
and profitable branch of business. 



DESCRIPTION OF COUNTIES. 89 

Three settlements, viz., Quihi, Yandenburgli, and 
Dhanis, are west of Castroville, and improve fast. 
This portion of Texas will, in a few years, be thickly 
settled ; and American enterprise and energy, joined 
with German industry, perseverance, and frugality, 
will make it the wealthiest portion of our State. 

MATAGORDA COUNTY. 

This county is bounded on the north by Wharton 
county, on the south by the Gulf of Mexico, on the 
east by Brazoria county and Gulf of Mexico, and 
on the west by Calhoun and Jackson counties. 

The area is 1334 square miles, about 510 of which 
are covered by Matagorda and Trespalacios bays. 
The general surface is level, and classed as bottom and 
prairie lands. There is much alluvial bottom-land in 
this county, which is nearly all well adapted to the 
culture of cotton, sugar-cane, rice, and Indian corn, 
besides many other productions of minor importance 
— sugar and cotton being, at present, the staples for 
exportation. 

The alluvial soils, or what is called the planting 
lauds, lie on the east side of the Colorado river, and 
are the bottom-lands, or deposits, which it has taken 
untold ages to accumulate on Old Caney, Peach 
Creek, Sinville Bayou, and Live Oak. There are 
several other smaller streams on the east side of the 
Colorado, with good bottom-lands and timber, not 
extensive enough for plantations, but well adapted 
for small farms and stock-raisers. 



40 DESCRIPTION OF COUNTIES. 

The Colorado lands, in the lower part of the 
county, are subject to occasional overflows, with the 
exception of some choice spots ; and, therefore, not- 
withstanding the fertility of the soil, not so de- 
sirable. Old Caney, the most important stream, in 
an agricultural point of view, runs S. E. and IN". W. 
through the county, and its dry bed opens into the 
Colorado in Wharton county: from the immense 
alluvial bottoms on each side, its present diminished 
waters, and deep bed, it is supposed to have been the 
former main channel of the Colorado. It is several 
miles below the intersection with the Colorado, be- 
fore Caney contains any water: its banks never 
overflow from heavy rains, and it is very little else, 
above tide-water, than a large prairie drain : it runs 
into the Gulf of Mexico, in the south-eastern part 
of the county : it is also connected with the head of 
Matagorda bay by a large canal, half a mile long, 
which is navigable for the largest lighters. The 
Caney alluvial deposit is, in many places, thirty feet 
deep ; and its surface is covered with forests of 
gigantic oaks, elms, red cedar, and cane and wild- 
peach brakes. The cane and peach lands are consi- 
lered best for cultivation, and have been so nicely 
compounded and proportioned in the laboratory of 
Nature, that no other soils in the world are equal, for 
the production of cotton, sugar-cane, and corn. The 
Bay of Matagorda, a large body of water, almost 
wholly within this county, is separated from the 
Gulf of Mexico, and formed by the ''Matagorda 



DESCRIPTION OF COUNTIES. 41 

Peninsula," a strip of land sixty-five miles long, and 
averaging one mile wide. It lies nearly IT. E. and 
S. W., and is inhabited by small farmers and stock- 
raisers. A portion of this land, lying back from the 
Gulf, is an excellent, dark, sandy soil, easily culti- 
vated, and very productive in all kinds of vegetation 
which is not injured by the sea-breeze. ISTotwith- 
standing high winds, a crop of sugar-cane w^as 
raised here, several years since, and manufactured 
into first quality sugar, on the premises. There is 
no healthier region in the world than Matagorda 
Peninsula; and many invalids have been restored to 
sound health through the happy influences of its 
pure air and sea-bathing. Game and fish can be 
obtained here, at all seasons, with ease and in abun- 
dance ; and I dare assert, that I have never seen a 
place where poor men, by agricultural pursuits, may 
live so easily, and so soon become independent. 

The bays of this county are, Matagorda, Trespa- 
lacios, and a portion of Karanqua. The timber is 
Jive-oak, post-oak, pin-oak, pecan, ash, cotton-wood, 
wdiite and red elm, mulberry, red-cedar, and several 
other kinds, of minor importance. 

"VVe have no rock or stone, excepting conglome- 
rates ; no minerals excepting salt. In the sea-boar^ 
part of the county, at from five to ten feet below the 
surface, is found an abundance of strongly impreg- 
nated salt water, of much greater density than sea 
water. The manufacture of salt used to be carried 
on, in this county, during the days of "Austin's 
4* 



42 DESCRIPTION OF COUNTIES. 

Colonial Government," to a considerable extent; but 
scarcity of fuel caused its abandonment : it is thought, 
however, that solar evaporation may be profitably 
emplo3"ed. The water-courses in this county are, 
the Trespalacios and Colorado rivers, Peyton's Creek, 
Caney, Peach Creek, Linville Bayou, and Live Oak 
Creek, all of which are unimportant for navigation, 
excepting the Colorado, Trespalacios, and Caney : 
the former is one of the most important rivers in the 
State, and will, with some little outlay for clearing 
out obstructions of fallen timber, become navigable 
for steamers to Austin, about 300 miles by road. An 
appropriation of $50,000 was made, by our last legis- 
lature, for this object; which sum, if properly ex- 
pended, will bring the people of the Colorado valley 
in easy communication w^ith Matagorda bay. This 
river is the great natural high-road for the bulky, 
but valuable, productions of all that region ; and 
Matagorda bay is the natural terminus of the road, 
in Texas. At some point on the bay will be esta- 
blished the receptacle for the masses of raw pro- 
ducts, as they are floated down the stream for a 
distant mart; and here, in transit, will arrive, in 
exchange, the "purples and fine linens" of luxury 
and extravagance, together with the more useful 
articles of husbandry, arts, and manufactures — all 
of which, by means of the interior thoroughfare, 
will be quickly difi:used throughout all the regions 
round about. The various and vast amount of pro- 
ductions from the interior will attract to our bay the 



DESCRIPTION OF COUNTIES. 43 

shipping and wealth of distant States, and build up, 
at some favored spot, a city of no inconsiderable size. 
It is no enigma where that sea-port town will be ; for 
ISTature has favored Palacios, above all other sites, 
with the advantages of a great seaport town. It is 
estimated that the cotton crop of 1857, in the five 
counties below Travis, through which the Colorado 
runs, will produce at least 60,000 bales; not to reckon 
the amount produced in the adjoining tributary coun- 
ties, and the other productions which seek a market. 
All this now goes through the slow, expensive, and de- 
structive process of being hauled to Houston, or some 
other inconvenient place. Trespalacios and Caney 
are navigable, for large lighters and small steamers, 
a short distance above tide-water. 

This county, like all of the seaboard country, is 
too level for much regular propelling water power ; 
however, there is a short stream called Mill Creek, run- 
ning past " Selkirk's Islands" from the west branch of 
the Colorado to the east, which has a steady fall of 
three or four feet, and could be used for machinery. 

The grazing facilities are equal in this county to 
any in the State, owing to the abundance of fresh 
water, the fertility of the prairie soil, and the pecu- 
liarly mild winters ; the sea atmosphere mollifies the 
rigors of January and February, and renders pleasant 
the summer months. 

The kinds of animals kept by those persons who 
make a business of stock-raising, are horses and neat 
cattle, excepting on the "Peninsula," where several 



44 DESCRIPTION OF COUNTIES. 

flocks of sheep are kept ; these latter animals thrive 
nowhere else on the seaboard. 

West of the Colorado, and all that portion of 
Matagorda County watered by the "Trespalacios," is 
exclusively^ occupied by stock-raisers and small farm- 
ers, to both of which lucrative callings the Trespa- 
lacios lands, and those bordering on the Colorado, 
are well adapted ; $300 or $400 invested here in 
cattle, breed-horses, and land, render an industrious 
man independent in a few years. Land here can be 
purchased at from $1 to $2 per acre, stock cattle at 
$5 per head, and brood-mares for $25 each. Planters 
would scorn to look at this poor region, as the lands 
of "Old Caney" are too rich and productive for them 
to be content with any but the best soil in the world ; 
but to be a planter requires more capital than belongs 
to a poor man, and none but a planter should think 
of the alluvial bottoms. 

The towns in this county are Matagorda and Pala- 
cios ; the former is a very old place, and had at one 
time a considerable commerce with foreign countries, 
and trade with the interior and Mexico ; in fact, 
during the revolutionary period, it was a frontier 
town. It is situated on Matagorda Bay, which lies 
in front and to the south, and the east branch of the 
Colorado forms the corporate limits on the north- 
west, and disembogues into the bay about one mile 
below the town. 

All shipping drawing over seven feet water are 
obliged to come to anchor eight miles below. 



DESCRIPTION OF COUNTIES. 45 

The town contains about 1200 inhabitants, who 
rank high in the social scale, on the score of morality, 
hospitality, and superior intellectual endowments ; 
they are also very fashionable in their attire and 
habits, and in religion are generally Episcopalians. 
There are many fine buildings, and several commo- 
dious public edifices. The latter is little more, at 
present, than a town site, or paper town ; neverthe- 
less, it is the most important place in Texas, consi- 
dered in a commercial point of view. Palacio.s was 
surveyed and laid off several years since, west of the 
Colorado River, on a high point of land between 
Matagorda and Trespalacios bays, and is in a more 
favorable position for a large seaport town than any 
other on the whole coast of Texas ; the water in front 
of the town, within sixty yards, being eleven feet 
deep, with safe anchorage, and good holding ground, 
and is perfectly protected from all prevailing winds ; 
in fact, the harbor is so secure, that small boats, in 
passing up and down the bay, always seek refuge 
here in rough or threatening weather. The distance 
to the Pass, or entrance from the Gulf of Mexico, is 
twenty miles south by west, with good and open sea- 
way. The largest class steamers and sail vessels that 
enter the bay can come directly up to Palacios, with 
all sails set, or steam up, without impediment or risk 
of danger. This place being firmly seated on the 
mainland, is not so subject to serious damage from 
the destructive hurricanes, or cyclones^ which visit 
our coast now and then, as are other places more ex- 



46 DESCRIPTION OF COUNTIES. 

posed, and on lower and more insecure locations ; in 
fact, within the last two or three years, people have 
began to think that the islands and peninsulas along 
the Texas and Louisiana coast are unsafe for human 
abiding places ; and to any one who experienced our 
memorable storm of September 18th, 1854, or beheld 
the sad relics of the "Last Island" disaster, the debris 
lands of the Gulf coast will hardly appear suitable 
and pleasant for permanent settlements. And Gal- 
veston Island, with all its boasted accumulation of 
people, habitations, wealth, trade, and commerce, is 
but a waif of the ocean, a locality but of yesterday, 
a resting-place for drift and sea-birds, liable, at any 
moment, and certain, at no distant day, of being en- 
gulfed and submerged by the self-same power that 
gave it form. N^either is it possible for all the skilful 
devices of mortal man to protect this doomed place 
against the impending danger; the terrible power of 
a hurricane cannot be calculated, much less resisted ; 
its strength is the awful powder of combined elements, 
and the waters of the mighty deep are made a fear- 
ful and sudden engine of destruction ; a part of the 
ocean itself, as it were, is lifted up and onward, and 
goes rolling, hurling, and crashing over the low coast, 
with all the conceivable fury and end of matter attri- 
butable to the final day, carrjang devastation, death, 
and destruction to all created beings, obliterating the 
works of man, and frequently blotting out the low 
islands and coast altogether. I should as soon think 



DESCRIPTION OF COUNTIES. 47 

of founding a city on an iceberg as on Galveston 
Island, if I looked to its safety and perpetuity. 

Palacios, from its water facilities, and otherwise 
favorable locality, seems to have been pre-eminently 
designed by !N'ature for the emporium seaport town 
of Texas, and, as soon as trade and commerce shall 
have been turned to their proper channels, will take 
such position. 

LLANO COUNTY. 

This is a new county, in Western Texas, and in 
that region where much land was granted to the 
German colonists : the Colorado river forms its east- 
ern boundary, and the E.io Llano runs through the 
county. A writer in the Texas Christian Advocate 
says : " Twenty miles from the mouth of the latter 
river is the county-seat. It is, like all other Western 
streams, clear and swift. Five miles below the mouth 
is the Sandy, a small stream. There are many indi- 
cations of the precious metals in this section. The 
soil is not of great depth, and is underlaid with im- 
mense strata of rock, embracing granitic, sandstone, 
and thirteen varieties of quartz rock. As a stock 
and fruit country, it is unsurpassed. The Pack-saddle 
mountain may be seen from twenty to fifty miles, 
and is separated, by a valley of two miles wide, from 
all other hills or mountains : it has two abrupt as- 
cents, called domes, which give to the mountain 
much of its grandeur. Honey Creek Cove lies 
within three miles of the Pack-saddle, and is inha- 
bited by a number of settlers. The creek empties 



[ 



48 DESCRIPTION OF COUNTIES. 

into the Llano, and has a number of falls, some as 
high as sixty feet ; and there is much water-power, 
and situations well adapted to machinery. The 
whole valley, or cove, can be irrigated at a small 
expense; and will, I have no doubt, at no distant 
day, be converted into a vineyard." 

NAVAHRO COUNTY. 

The Pacific railroad line runs through the centre 
of this county. Its organization is of recent date, 
but it has already become quite populous. This is 
a prairie country, with timber on the streams : soil is 
excellent for all the grains, and more especially for 
wheat. It is said that three times as much wheat is 
sown this year (1857) as last. Corn is worth seventy- 
five cents per bushel ; the wants of recent emigrants 
keeping up the price much above the cost of pro- 
duction. Pork usually sells for about four cents per 
pound. The expense of getting goods from Houston 
is 12J cents per pound. 

An abundance of good and low-priced land can 
be bought in Navarro ; and emigrants will find a 
cordial welcome, abundance of supplies, and a health- 
ful climate, and, what is quite as important, good 
society. 

Distance from Houston to centre of county is 175 
miles, from Galveston 200 miles, and from Matagorda 
250 miles. 

The lands of this county are universally fertile, 
and easy of cultivation, the water good, and stock 



DESCRIPTION OF COUNTIES. 49 

range excellent. Corn, beef, and pork are, at this 
date (Feb. 1857), abundant and cheap; and there will 
be no lack for the incoming emigration of this year. 
There are three steam-mills in operation, sawing 
lumber, and grinding wheat and corn. The flour of 
this and the adjoining counties is superior to any 
that we get from abroad. Corsicana is the county- 
seat, and a place of considerable importance : there 
is a Presbyterian church, a female school edifice, a 
Masonic and an Odd-Fellows' lodge, two taverns, two 
drug-stores, ten laivyers, and half-a-dozen doctors, 
more or less. The town of Dresden is fourteen 
miles west of Corsicana, in a densely populated 
neighborhood, and surrounded by rich lands. Taos 
is situated on the Trinity river, eighteen miles from 
Corsicana, and lies at the crossing of the Pacific 
railroad. 

Kavarro is one of the most thriving counties of 
the State ; and was, but a few years since, an un- 
traversed wilderness. 

ORANGE COUNTY. 

This county is at the head of Sabine Lake, and is 
separated from Louisiana by the Sabine river: it is a 
well-timbered county, having very little prairie. All 
of the coast towns in Texas receive from this region 
their finest cypress lumber. 

The bend in the Sabine, at the town of Madison, 
is like the Mississippi at N'ew Orleans, on a small 
scale, and Madison is a miniature New Orleans. The 
5 



50 DESCRIPTION OF COUNTIES. 

houses are tastefully built, and the place has the ap- 
pearance of quite a city : the principal business done 
here is the lumber trade. A number of steam saw- 
mills are erected in and around the place, and the 
whole Sabine swamp abounding with the finest 
cypress in the world, lumber is both cheap and 
abundant. Immense quantities of shingles are also 
manufactured, and sell at about $2-50 per thousand. 
This town is on the west bank of the Sabine, about 
thuiy-five miles from the sea-coast, or Sabine Pass, 
a small town on the Gulf of Mexico. About twenty- 
five miles of this distance is through a beautiful lake, 
having an average depth of seven feet, and free from 
shoals. Sabine Lake is surrounded with low prairie 
land, which makes a fine stock range. On the way 
from Sabine Pass, Jefferson county, to Madison, 
Orange county, the traveller first crosses this lake ; 
this brings him to the mouth of the beautiful Sabine ; 
twelve miles up the Sabine brings him to Madison. 
This distance the river runs through a low, marshy 
country ; but the navigation to Madison cannot be 
excelled by any river in the United States. Just 
above Madison, the timber begins ; and then, for 600 
miles, the Sabine runs through a cypress swamp 
and this world of timber must be manufactured tc 
supply the western coast of Texas. There is, also, 
plenty of yellow pine, white oak, and timber of othei 
kinds, necessary for ship building. 



DESCRIPTION OF COUNTIES. 51 

PARKER COUNTY. 

This is a newly organized and settled county, on 
the Upper Brazos, and above the line of the Pacific 
railroad. A desirable region for small farmers — 
which meed of praise is alike due to all of the ad- 
joining counties. 

Weatherford, a new town, and the county-seat, is 
rapidly increasing. iJ^ot twelve months ago, the site 
was laid out: there are already a court-house, and 
several other public buildings, one hotel, several 
stores, private dwelling-houses, and other marks of 
civilization. The town is pleasantly situated, in the 
"Upper Cross Timbers," and is well supplied with 
good water, and with an abundance of timber. There 
is a fine chalybeate spring about one-fourth of a mile 
from the public square : it is said to possess valuable 
medical properties. 

Distance from Matagorda 240 miles. 

POLK COUNTY. 

This county lies on both sides of the Trinity river, 
and is steadily increasing in population. The many 
streams flowing into the Trinity, as well as the East 
Fork of San Jacinto, the Big Sandy, and the Trinity 
itself, have large bodies of rich land, suitable for the 
cotton-planters; and here is the "Big Thicket," 
celebrated over the whole State for its extraordinarily 
fertile soil. The rich prairies of this county afibrd 
free commons to any number of herdsmen. 

Livingston, the county-seat, is a small but thriving 



52 DESCRIPTION OF COUNTIES. 

towD, substantially and tastefully built. Distance 
from Livingston to Galveston is ninety miles. Mos- 
cow, another town in this county, is a considerable 
place, and fast increasing. The Henderson and Gulf 
railroad, when completed, will make this county to 
blossom as the Garden of Eden. 

ROBERTSON COUNTY. 

The 31st parallel of latitude runs through the cen- 
tre of this county, and, being situated very nearly in 
the centre of the settled portion of the State, equi- 
distant from the Gulf of Mexico on the south, the 
grain region on the north, the Sabine on the east, 
and the Rio Grande on the west, many advantages 
are combined that are rarely to be found in any other 
section of our State. This county is bounded on its 
entire west, for over thirty miles, by the Brazos 
River, and on the east by the Navasoto. It is calcu- 
lated that the Brazos valley, so far as it bounds this 
county, will average four miles wide, and in point of 
fertility of soil is unsurpassed by any lands, not only 
in Texas, but in the world. The face of the upland 
country, as the traveller leaves the Brazos valley, is 
exceedingly beautiful and desirable. The ascent to the 
divide between the two rivers (the J^avasoto and 
Brazos), is an almost imperceptible rise through a 
succession of beautiful sweeps, or long slopes of coun- 
try, gradual in rise and declivity, till you reach the 
ridge that separates their waters. The uplands each 
way, or to either stream, are heavily set with line 



DESCRIPTION OF COUNTIES. 53 

post oak timber, and are of a deep mulatto or yellow 
east, interspersed with creeks running through at 
convenient intervals, affording good bottom lands 
and plenty of stock-water in the driest season. 

The lands of this county are well adapted to the 
production of the finest cotton raised in the cotton- 
growing States. 

Unimproved lands are now worth $1-50 to $3*50 ; 
these lands, in a year or two, will be worth three or 
four times as much. 

The new county-seat of Robertson County is Ow- 
ensville, situated sixteen miles north of Wheelock, 
on a beautiful, elevated spot of ground, pretty nearly 
in the centre of the county, and on the dividing ridge 
between the Brazos and ITavasoto, and within one 
mile and a half of the proposed route for the Hous- 
ton, Red River, and Central Texas Railroad. A fine 
court-house, a jail, and female academy, have already 
been erected. Emigrants will do well to turn their 
attention in this direction. 

EUSK COUNTY. 

This is an interior eastern county, crossing the 
line of the Pacific railroad: the soil is good, and 
produces all the grains : much cotton is also raised 
in this county. 

Henderson is the principal town, or city ; for it is 
a place of much size and note, having many fine 
brick buildings, school-houses, churches, and other 
public edifices. 
5* 



54 .DESCRIPTION OF COUNTIES. 

Rusk count}^, at last general election, gave 2000 
votes. Distance from Galveston to Henderson is 175 
miles. 

SMITH COUNTY. 

This county lies above the 32d degree of north 
latitude, and in the north-eastern part of the State ; 
it is a well-watered county, and has plenty of timber ; 
the soil is fertile and productive, and climate healthy. 
Tyler, the county-seat, is directly on the line of the 
Pacific Railroad ; it is already a place of considerable 
importance, and contains many buildings of taste 
and beauty. The public square is very large, and in 
the centre is a natural mound, on which the court- 
house is built. Education has received the especial 
attention of the people of Tyler, as is evidenced by 
the commodious buildings devoted to learning. 

TRAVIS COUNTY. 

This county lies on both sides of the Colorado 
River, about 150 miles from its mouth. Austin, the 
seat of the State Government, is in this county, on 
the east side of the Colorado River. 

This is a good farming and stock-raising county, 
and is fast increasing in population and wealth ; there 
is plenty of timber for building and fencing, and a 
superior kind of stone, with which the public edifices 
and many private residences have been erected. 

The total amount of taxation of this county is 
$0,262-98. There are 2399 negroes, 4326 horses, and 



DESCRIPTION OF COUNTIES. 55 

16,928 head of neat cattle, besides a large number of 
hogs, and some flocks of sheep. 

Lands near Austin are held at high prices, but at 
some distance from town can be bought at moderate 
rates. When the slight obstructions in the Colorado 
have been cleared out, steam navigation will be open 
from Matagorda Bay to the city of Austin, for several 
months in the year. 

VAN ZANDT COUNTY. 

This is a new county, above the line of the Pacific 
Railroad reserve, containing nearly all good land, and 
is well watered ; the face of the country is level, with 
timber on the streams, and small prairies between. 
The land is easy to cultivate, and produces sure and 
abundant crops of wheat and Indian corn. The cli- 
mate is healthy. Land can now be bought for $1 
per acre, which would be worth $50 per acre if there 
were facilities for getting produce to the coast. The 
Henderson and Galveston Eailroad, now in progress 
of construction, will develop this beautiful region of 
county. Distance from Canton, the county-seat, to 
Galveston, 200 miles. 

WASHINGTON COUNTY. 

"Washington County is on the west side of the 
Brazos, that river marking the eastern boundary. 
This county was settled in the early history of Texas, 
and still numbers among its inhabitants many of the 
pioneer fximiiies, who are now enjoying, in comfort- 



56 DESCRIPTION OF COUNTIES. 

able independence, their hard-earned rewards. The 
county has much substantial wealth. The face of 
the country is level, with much prairie, excepting on 
the water-courses. Cotton is the most important 
production, and one for which the climate and soil 
are well suited. Brenham is the county-seat, and 
quite a thriving place. At this time (1857) there are 
signs of vigorous improvement, and many new build- 
ings going up ; and the ox-wagons, the " peculiar 
institution" of this country, are hauling away cotton, 
and returning with merchandise and building mate- 
rials. The mechanics are all fully employed., and 
wagons, ploughs, and furniture, are turned out in 
goodly quantities. The constant din of mechanical 
sounds, as the rough and stubborn wood and metals are 
fashioned for the convenience and comfort of man, be- 
speak a thriving community. The location of Bren- 
ham is beautiful; the rolling hills surrounding the 
town diversify the scenery ; and the stately trees, left 
as Nature planted them, lend a charm to the pros- 
pect, and beautify the happy location. A writer 
says, that the post oak land of this county is much 
underrated; it is easier cultivated, and fencing 
cheaper than in the prairie ; there is in these lands 
the advantage of an abundant supply of mast for 
hogs. 

It is estimated that the very few farmers living on 
the Yeaguas, in this county, sold, during the year 
1856, 100,000 pounds of pork, at 4J to 5 cents per 
pound. The lands, generall}^, are noted for their 



DESCRIPTION OF COUNTIES. 57 

productiveness, readily yielding from 40 to 75 bushels 
of corn to the acre, or from 1000 to 3000 pounds of 
cotton. 

Improved farms may be purchased at $10 per acre, 
unimproved land at $3. There is plenty of red-cedar 
and post-oak timber, and many other less valuable 
kinds. 

Brenham is 100 miles from Galveston. 

YOUNG COUNTY. 

This is the extreme north-western county in the 
State, and lies about 350 miles north-west of Austin. 
It was formed by the legislature of 1856-7, out of Cook 
county. Fort Belknap and the Indian reservation 
are within its limits. It is a well watered and tim- 
bered county, and a desirable place to live. Follow- 
ing the beaten track from Fort Graham, in Hill 
county, to Fort Belknap, you will, after a tedious 
journey through the "Cross Timbers," reach a range 
of ragged, but open, hills, with the Brazos meander- 
ing through the narrow valley. Fort Belknap may 
be seen in the distance : it is a situation of consider- 
able importance, and has a spacious magazine, com- 
fortable quarters for the troops, and buildings for the 
officers. Below the fort is a fine spring, and a well 
of considerable depth, affording abundance of good 
water. South of the fort, at the distance of half a 
mile, is the county-seat of Young. In the neighbor- 
hood is a bed of bituminous coal, of a superior 
quality, which, at some future day, will be a valuable 



58 DESCRIPTION OF COUNTIES. 

product. Following the course of the river about 
three miles up stream, we find, on the west side, the 
mouth of Post-oak Creek, with farms in close neigh- 
borhood : the creek is about eight or ten miles long, 
and has a body of land about twelve miles in width, 
covered with post-oak. On the east side of the river 
are the Belknap Springs, affording plenty of water 
for ordinary purposes. Pursuing the river still higher 
up, we find the mouth of Elm Creek : fertile lands 
border its banks, w^hich are well timbered : there are 
half-a-dozen families settled on this creek. A little 
distance higher up is the mouth of California Creek: 
here is a beautiful valley of land ; only one settler 
resides in the valley. Six miles further up the Bra- 
zos brings the traveler to Boggy Creek : it is of 
considerable length, fertile soil, and inexhaustible 
grazing. There are no settlers in this valley. On 
an elevated point, on the east side of the river, is 
another of the famous springs of Young county : 
here is the highest settlement on the river. Taking 
a northerly course, you ascend the dividing ridge 
between the head-waters of the Trinity and the 
valley of the Brazos. From this elevated plateau, 
the most romantic and enchanting scenery is spread 
out before the vision : on the one side are seen the 
numerous little branches of the Trinity, dotted with 
timber, and, on the other, the vast wilderness of the 
Brazos valley, stretching far away upon the sight: 
in other directions, there appears to be no visible 
terminus of prairie. Here the deer and the antelope 



DESCRIPTION OF COUNTIES. 59 

freely range, seldom disturbed by the rifles of the 
white, or the arrows of the red man. The valley of 
the Brazos, above Fort Belknap, averages between 
^ve and six miles wide. It has much good land and 
timber, sufficient for small farmers and stock-raisers. 
The highest point of post-oak timber lies about thirty 
miles above Fort Belknap, where there are many 
large groves. Here the banks of the Brazos are 
low ; the bed of the river is wide and shallow, and 
the water becomes quite salt as you ascend. On the 
high prairie bordering the valley, there is an abun- 
dance of mezquit timber, and fine grazing; but it is 
rather sparingly watered. South and east of Belk- 
nap, settlements are sprinkled over the country, at 
short distances. Salt Creek, running into the Bra- 
zos from the east side, and Rock Creek, from the 
west side, have much post-oak timber on their 
borders, which afford a plentiful supply of mast for 
hogs. On Salt Creek there is a good supply of 
building timber. Following a trail from Fort Belk- 
nap, about twelve miles, in a south-eastern direction, 
over rugged hills, you come to the villages of the 
"Wacos and Tonkaways, upon the "Indian Reserva- 
tion :" at the distance of a mile is the large trading- 
house of Charles Barnard, and the residence of the 
Indian agent. Six miles further, on a beautiful emi- 
nence in the bend of the Brazos, you come to the 
villages of the Delawares, Caddoes, and Shawnees. 
The Clear Fork of the Brazos is an important 
stream : its waters run the whole year, and, unlike 



60 DESCRIPTION OF COUNTIES. 

the Brazos, are sweet to the taste. The valley is 
already settled as high up as Camp Cooper, and 
emigrants are coming in daily. 

During the year 1856, about 2500 acres of land 
were under cultivation, in this county. There are 
several thousand head of stock in the county. The 
market is good, but limited, at present, to Fort 
Belknap and Camp Cooper: beeves are worth $13 
per head ; flour $6 to $8 per cwt. ; common laborers 
$20 per month, and scarce : teams find constant em- 
ployment, at good rates. 

There is every reason to believe that this county 
abounds in gypsum, coal, iron, and many other 
minerals, as large lumps of coal, and metallic ores, 
have been found in the beds of all the streams, and 
in sinking wells. 



CHAPTER IV. 



STOCK-EAISING-. 



The raising of neat cattle and horses is a business 
in this State well adapted to persons of small capi- 
tals ; and men in moderate circumstances, with fami- 
lies, find it very profitable and remunerative employ- 
ment for their boys, as, at the age of eight or ten, they 
soon become as efiicient as grown hands, and are far 
more apt in learning. 

Boys who are brought up in the stock business 
become much attached to it, and their interests are 
generally stimulated by making them the owners of 
a few head, which, by the time of their majority, are 
increased to a respectable property, on which to set 
up for themselves. During the winter months cattle 
require no attention, thus affording to the youth a 
period of leisure, for school and study ; and, in fact, 
during the so-called laboring seasons, there is much 
spare time, which may be employed in the compa- 
nionship of books. The only drawback which exists 
to educating the ^' stock boys," is that the best loca- 
tions are not usually in neighborhoods where schools 
are situated. But, under the disadvantage of a lack 
of schools, the parents, if they possess the inclination, 
6 (61) 



62 STOCK-RAISING. 

have sufficient time during the year to impart much 
intellectual instruction to their sons. The employ- 
ment of cattle-raising is healthful, and imparts 
muscle, vigor, and agility, to the youthful frame, and 
forms the constitution for hardship, and the mind for 
boldness and enterprise, without being in itself 
hazardous, or even severely laborious. It is invigo- 
rating to both body and mind, and models and trains 
them to manly independence; imparting attributes 
which are likely to render the possessor a successful 
combatant in the vicissitudes of life. Stock-raising 
pays a better per centage, is more certain in profitable 
results, and requires less risks than any other regular 
business. It is also a business in which a large or 
small capital can be employed, with like certainty of 
success, and not like many others, which cannot be 
conducted beneficially without vast outlay. It is a 
business requiring no apprenticeship, and but little 
skill, and the labor and care are not continuous. It 
is a business which quickly converts the unclaimed 
and exhaustless herbage of the wide-spread prairie- 
commons into money capital, through the quiet in- 
strumentality of the lowing herds. It turns that 
into property and money which otherwise would re- 
turn again to the soil, or be blown by the autumn 
winds away, or melt before the swift fires which 
sweep over these regions, and leave the earth for 
miles as bare as before the ages of vegetation. Stock- 
raising rescues from the elements, and turns the tran- 
sient herbage into property, and makes it yield em- 



STOCK-RAISING. 63 

ployment and support to many persons, and adds 
wealth and importance to tlie State. 

The Texas prairies, with their never-failing coats 
of verdure, are alike the property of all for the pur- 
poses of pasturage, and those who improve these 
natural advantages are rescuing from the earth wealth 
which will go to stimulate the general prosperity. 
^ A stock-raiser commencing business purchases his 
one or two hundred acres of land, near to, or at the 
edge of a prairie, and on the border of a creek, spring, 
or water-course of some kind ; for here he can always 
find timber for his buildings and fences, and protec- 
tion of the shade trees from the summer sun and 
northern blasts. Usually these favorite situations are 
on the outskirts or surroundings of the prairies ; but, 
in many instances, the prairies themselves are inter- 
spersed with '^motts,'' or ^'islands" of timber, con- 
taining from a few rods to many acres ; and some- 
times they are likewise covered with a growth of ma- 
jestic live oaks ; nevertheless, with this seeming con- 
tradiction of terms, these are prairies, there being 
neither underbrush nor shrub, but the oaks growing 
singly, and sufficiently near, to shade the ground 
without deteriorating the grass. A person can ride 
through them with as little trouble as he can traverse 
an orchard. Such prairies look to a stranger like 
grounds which have once been in the keeping of man, 
and the trees themselves speak of civilized antiquity ; 
but the fresh grass and cheerful aspect lead the way- 
farer to expect evidences of settlements ; the thought 



64 STOCK-RAISING. 

is that civilization has long held dominion, and that 
!N"ature, unaided, never arranged such human-like 
scenery. These natural groves and parks and mea- 
dows have no signs about them which the traveller 
would look for in a recently-settled countr}^, but 
everything betokens long occupation, without show- 
ing any one work made by the hand of man, or mark 
of his designing. Frequently, in travelling through 
such scenery, the stranger, despite his better know- 
ledge, is constantly expecting to see the turrets of a 
baronial castle, or, at least, a sombre brown stone 
mansion rising among the trees. Often, benighted 
wayfarers, after a hard day's ride, on coming to such 
a region, are sadly disappointed in their calculations 
about refreshments ; and, during the tedious vigils of 
the night, as they lie camped, with no cover but the 
canopy of Heaven, do they ever and anon prick up 
their ears to an imaginary cock-crow or dog-bark, 
when perhaps there is not a domestic animal, save 
their own jaded mule, within a hundred miles. 
This scenery is grand and majestic, yet chaste, beau- 
tiful, and harmonious as the Garden of our Fore- 
fathers. 

Some of the large prairies have very few islands 
of timber, or trees, or brush of any kind, and a per- 
son near the centre can only see a low, dim line of 
misty green, which is the timber on the water- 
courses, that define and bound the prairies. Some- 
times the limits are beyond the vision, and the tra-. 
veller beholds a boundless ocean of grass, here and 



STOCK-RAISING. 65 

there dotted with dark spots, indicative of sniall tim- 
ber islands, which agreeably relieve the sameness. 
These islands are frequently signs of springs, or of a 
greater degree of moisture near the surface. The 
streams and water-courses, which bound the prairies, 
all have bottoms of greater or less extent, which are 
covered on either side with heavy growths of timber; 
and again, beyond the bottoms, those natural mea- 
dows commence; but the timber and shrubbery are 
continually encroaching on them from every side, 
and diminishing, year by year, their area; roads, 
cow-paths, and water-gullies, tend to isolate small 
tracts, and thereby foster and protect the foresters 
from the devouring element, fire, which is their 
scourge ; but, in time, this process will convert the 
prairies into woodland. !N'ear the seaboard, the prai- 
ries are of the most uniform surface and greatest ex- 
tent. A man journeying over one becomes asto- 
nished at the magnificent grandeur of their propor- 
tions, and is much dissatisfied with his own puny 
eflPorts at progress ; the straining eye becomes sated 
and tired with the sameness, and longs for a hill or 
precipice, or some other natural deformity, wherewith 
to be diverted. 

When the stock-raiser has made his selection, the 
first business is to build a pen, for the herding of his 
cattle, and then a small log or frame house, covered 
with oak-boards ; next, he fences in a few acres of 
the rich prairie, for the culture of his corn and gar- 
den ''stuff;'' as he expresses it, "makes a patch 
6* 



66 STOCK-RAISING. 

large enough to bread his family." And, in truth, 
all the space that this family, with their stock, will 
occup}^, out of the whole prairie before them, is but 
a patch; and hundreds of other patches might be 
appropriated, without apparently diminishing the 
great whole. The cattle-raiser supplies himself with 
two or three Mexican horses, for herding, a few hogs, 
and other doaiestic animals; and, having a small stock 
of cattle, no family, with moderate means, can, 
under any other circumstances, begin so soon to 
feel independent of the w^orld, for all the comforts 
of life. 

In commencing, it would be best to purchase one 
hundred head of cows, with their calves, and two or 
three bulls. A stock started in this way remains 
more gentle, and are not so apt to stray, as an ave- 
rage stock : they can be purchased, in this way, for 
$10 the cow and calf. The increase is very rapid, 
and soon outnumbers the highest calculations of the 
sanguine owner. The stock require very little atten- 
tion, excepting in the spring and fall : in March, the 
herding and marking and branding the young calves 
are performed : where there are many stocks com- 
mingled, in one range, the owners club together, and 
drive herds of one or two hundred into a pen, when 
each owner singles out his calves, ropes and brands 
them. This herding is continued until all but a few 
scattering ones are gone through w^ith. In the fall 
season, when the weather becomes cool, the herding, 
marking, branding, and altering, are again done, in 



STOCK-RAISING. 67 

the same way : this time includes all the stragglers 
left at any previous branding, and all that have been 
dropped since spriug. In a small stock, v^hose range 
is near no other, so that the owner has to depend for 
its management on his own force, it is deemed best 
to be frequently among them, and to mark, brand, 
and alter the calves as soon as they are old enough, 
always having regard to the proper seasons. This 
keeps the stock more tractable, and familiarizes them 
with nian ; and the owners soon come to know every 
animal in the herd, and one cannot get astray with- 
out being missed. Stocks of cattle will thrive and 
increase, with very little care and attention ; but it is 
found, from experience, that the bestowal of a con- 
siderable degree of attention on them is well remu- 
nerated, and that they become more docile. 

There is always a demand for beef and stock cat- 
tle : men come here, and buy up large droves of the 
latter, for the Missouri and IlHnois farmers, and Cali- 
fornia rancheros : in those places, the cattle are more 
valuable than in Texas. Many beef-cattle are shipped 
from here to New Orleans, and much of the regular 
supply for said city comes from Texas. ■«>Indianola, 
on Matagorda bay, is the principal shipping-port for 
cattle. There are several persons, at that place, who 
make regular shipments, every week, by the steamers. 
Galveston and Corpus Christi have participated in 
this trade, but many more beeves are shipped from 
Matagorda bay than all other ports. The high value 
of hides, for the last year, has added much to the 



68 STOCK-RAISING. 

profits of the stock-raiser. They used to be thought 
hardly worth saving, and, when saved, the stretch- 
ing and curing was so carelessly performed, that very 
little w^as received for them : of late, a better eco- 
nomy has dictated more care ; and our hides, which 
are really of extra quality intrinsically, are becoming 
quite an article of commerce. During our war with 
Mexico, I have seen thirty beeves killed, every other 
day, to supply the army, and the hides thrown to the 
vultures. 

Steers, at three and four years old, are considered 
beeves ; and are sold to contractors, who ship them 
to New Orleans, or to the planters here. The value 
of four-year-olds is about $15. The stock-raisers 
who have families, generally, during the spring and 
summer months, have their pens full of milch-cows, 
from each of which they take but little milk, and 
are continually turning out and replenishing their 
yards from the prairies. The calves of the milking- 
cows are kept up, so long as their dams are required ; 
and they and the milker divide the products of the 
udder, the calves getting the greatest share. Large 
quantities of butter and cheese might be made by 
the stock-raisers; but an improvident neglect in our 
people allows those articles to be imported from 
abroad, in large quantities — foreign butter, in the 
winter, frequently selling at fifty cents per pound, 
and cheese at twenty-five cents. 

The term "stock-cattle" is conventional, and 
means, in five hundred head, the following propor- 
tions, viz.: 



STOCK-BAISING. 69 

170 COWS, with their calves, 

65 steer-calves, under one year old, 

65 heifer-calves, under one year old, 

55 two-year-old steers, 

55 two-year-old heifers, 

45 three-year-old steers, 

45 three-year-old heifers ; 
making 500 head, of all varieties. And such a stock 
of cattle is worth $2500, or at the rate of $5 per 
head. The selling price per head does not vary, 
whether the stock be large or small. There are laws 
requiring every stock-owner to adopt a mark and 
brand different from any of his neighbors, and to 
have the same recorded in the county clerks office. 
The criminal laws have several provisions for the 
protection of stock owners' rights against dishonest 
persons: there is also an estray-law, w^hich obliges 
the taker-up of a strange animal to give sufficient 
publicity. 

The cattle of this State have never been subject to 
any endemical, epidemical, or contagious diseases, 
to make the business of stock-raising precarious and 
uncertain ; and very few die, excepting the old cows 
• — these generally live to the age of twenty years, and 
frequently have calves the last year. However, the 
inclement winter of 1855-6 was extremely disastrous 
to stock of all kinds, and even to wild animals : in 
Texas, it is estimated that at least twenty-five per 
cent, of all the neat cattle in the State died from the 
effects of cold : some of the older States are said to 



70 STOCK-RAISING. 

have lost over fifty per cent., from tlie same cause ; 
but such a season was never before experienced. 
Thousands of cattle, in good order, became so para- 
lyzed with intense cold, that they dropped down 
while feeding, and perished where they fell. During 
all of the fall of 1855, and the fore part of the 
winter, the weather was genial and warm, like 
spring : the annual trees leaved out, and many blos- 
somed, and the prairies were clothed with the newest 
and brightest green, mingled with tender-painted wild- 
flowers of every hue: fig-bushes were loaded, and 
the fruit ripened; and the contented stock were 
basking in a paradise of rich, juicy herbage ; but, 
about Christmas, a change came over this scene, and 
the face of Nature, which so recently had glowed 
with tropical verdure, was, by a sudden change of 
temperature, metamorphosed into a Siberian aspect 
— the green was all wilted, withered, sered, and 
turned to sombre brown; and, from the previous 
superabundance of graminivorous food, the stock- 
cattle became reduced to old fog. This extreme 
cold commenced on the 24th day of December, 1855, 
and ended about the 1st of March, 1856. The 
greatest cold, on the coast, was 15° below the freezing- 
point; and, as 18° is the point that kills annual vege- 
tation, every kind of prairie herbage was soon dead. 
Grass was all destroyed, at that early date ; and about 
seven weeks elapsed before any signs of spring were 
seen, and all of March passed before much food 
could be obtained for the thousands of starving cat- 



STOCK-RAISING. 71 

tie : the dead grass of the prairies had undergone a 
baneful chemical change, by the action of frost ; and 
it had not only lost its nutritive qualities, but was 
positively injurious; and, opening the animals that 
died, their stomachs were found full of undigested 
rubbish. Old cows, and bulls of all ages, suffered 
most; yearlings next; and, after these latter, even 
yearlings whose dams had not been milked the pre- 
vious summer, seemed little able to bear the severity. 
Cattle that were sheltered from the cold winds suf- 
fered as much as those left to themselves, in the 
open prairies — though the sufferings of the former 
were more from want of food than from cold. The 
seaboard counties, and all of that region of country 
lying west of the Colorado, are well adapted to stock- 
raising ; but the coast counties are preferable to the 
interior : the former combine many advantages, the 
prairies being larger than in the interior, winters 
shorter, and the grass continues good the whole year, 
the heat of summer being tempered by the delightful 
breezes of the Gulf of Mexico, and at no time is the 
weather on the prairie oppressive. 

Another great advantage to a large stock-raiser is, 
that shipping depots are handy, from any point in 
those counties, and agents are constantly scouring 
the country, gathering in beeves for New Orleans. 
Matagorda and Jackson counties I think preferable to 
any others, and the prairies of Trespalacios and Ka- 
rankawa are certainly unsurpassed in the requisites 
for this business. 



72 STOCK-RAISINa. 

The best shipping place for the coast country is the 
town of Palacios, which has hereinbefore been re- 
ferred to. It is the most natural and convenient 
place, for the crafts which navigate the Colorado, to 
load and discharge at : here the deep water and firm 
land are in close proximity ; and good roads can be 
stretched out to the interior, in every direction. 

There are many desirable situations for stock-raisers 
and small farmers along the Trespalacios and its spring 
tributaries. 

It will be seen, by the comptroller's report, that 
some of the interior counties have many more cattle 
than any of those on the seaboard ; but it must also 
be recollected, that the area of the former is many 
times greater. There is now one young man living 
on the Trespalacios who has a stock of 10,000 
head ! 

There is one important matter which the people 
of Texas have almost wholly neglected, viz., an im- 
provement of their cattle, by importing superior 
stock from abroad : through this oversight or parsi- 
mon}^, our stocks have suffered much deterioration, 
in the qualities most desired. 

Steers from the Texas prairies make very good 
work oxen, are tractable and easily broken : they 
are much used by the planters and farmers, in the 
cultivation of their crops, and in hauling the same 
to market. The Texas cattle are descendants, with 
few crosses, from the old Mexican stocks, and they 
are well adapted to the country: still, where the 



STOCK-RAISING.' 73 

breed has been crossed by better stock, the oflspring 
are superior, and thrive well. 

As I before remarked, our cattle have many good 
traits : the steers are easily broken, and gentle treat- 
ment will overcome the wildest: they are never 
vicious, but extremely tractable when taken out of 
the prairie. 

The usual practice of farmers, whenever they want 
work oxen, is to go to the prairie, and neck together, 
with ropes, as many pair of three and four-year-old 
steers as they desire : these, in the course of a week or 
so, can be yoked to the draught. I have seen boys 
thirteen years old ploughing with three yokes of these 
oxen, holding the plough, and managing their teams 
with nothing but a small whip. 



CHAPTER V. 

SHEEP — HONEY-BEES. 

Sheep-raisers, in Texas, have not, as a general 
thing, been successful, excepting on the islands and 
peninsulas along the coast. In all probability, the 
failures have been more owing to want of proper 
attention, than to any innate defect of herbage or 
climate. 

The Mexican stocks that have been introduced to 
these localities have universally kept healthy, im- 
proved in the fleece, and multiplied exceedingly fast. 
Horses and mules are raised, with as little trouble 
and expense as cattle, in all parts of the State. The 
native stock, with a heavier cross, makes the best 
ofispring for service and endurance ; and they will 
maintain themselves in good condition, on the prai- 
ries, winter and summer, and only require the ad- 
ditional feed of a few ears of corn, when continually 
worked. The prairies were all, in former times, well 
stocked with wild horses, or mustangs; and they still 
range in those prairies where they have not been too 
much disturbed. Many of these animals are of 
remarkable symmetry of body and limb, and equal 
in speed and bottom to the Arab harh. 

(74) 



HONEY-BEES. 75 

Only a few years have elapsed since there was a 
large drove of those animals that ranged on the 
Matagorda prairie; and two of the finest of the 
males were caught, after running and counter-run- 
ning 600 or 700 miles, breaking down several relays 
of horses and riders. A fine breed of horses has 
sprung from one of these animals. 

HONEY-BEES. 

These insects have not been extensively cultivated, 
but sufficiently so to show that they are worth the 
attention of farmers. The trees, shrubs, and flowers 
of Texas are never-failing sources for these indus- 
trious producers ; and they require no attention, ex- 
cepting at swarming time, and to gather the sweets 
of their silent labors : here, too, they are very seldom 
afilicted with vermin and insects, and thrive best 
when left to their own way. Every family may, 
without cost, have its twenty, thirty, or a hundred 
hives, and make it a source of profit, pleasure, and 
gratification. 

The forests are full of wild bees, and every old 
hollow tree is filled with well-stored cells; and this 
is the case even in the vicinities of long and thickly 
settled communities : very little pleasant trouble will 
always insure an abundance of wild honey, during 
the proper season. Any one can furnish himself 
with a stock of bees, by hiving the swarms of wild 
ones, in the spring, as they migrate from the pater- 
nal domicil. Wild bees become domestic, and pro- 



76 HONEY-BEES. 

duce well. I have seen 350 hives of bees in the 
front-yard of one cottage, standing on the ground: 
in summer time, when the whole upper world was 
full of them, it was like running the gauntlet, to get 
to the house. The production of these hives was a 
nice income for the owner : his wax was shipped to 
New York, and the honey was put up in casks, and 
sent to the seaboard towns, where it always found 
ready purchasers. I suppose the net proceeds were 
not less than $1000 per annum. Thus can the pru- 
dent man, in a new country, make subservient to his 
profit and comfort the boons of ]N^ature, which, 
without foresight, would be wasted on the desert air: 
he can greatly relieve from his shoulders the curse 
which is inherited from our original parents. 



CHAPTER VI. 

WHEAT. 

This important grain has only been cultivated a 
few years in Texas ; and, in fact, that portion of the 
State best adapted to it was but yesterday an unin- 
habited wilderness. The best wheat region is above 
the line of 32° north. I learn that there is much of 
the last year's crop on hand, which, for want of 
facihties of getting to market, is not at present a very 
remunerative crop. Farmers bring wheat to Austin 
from a distance of 200 miles, and also to Houston, a 
distance of over 300 miles ; and hauling back freights 
makes the business pay ; but nothing, in comparison, 
is netted to the farmer, that would be, if there were 
railroads. 

However great the discouragements labored under, 
they have, by their energy, tested the qualities of our 
soil, and practically demonstrated that all of the 
northern part of Texas is pre-eminently a superior 
wheat country. And, I would ask, if, with all the 
drawbacks which the wheat-raisers now are subject 
to, they have been able to profitably succeed, what 
will be the wonderful results, when good merchant- 
mills are established, and railroad communication ex- 
tends from the coast, through the planting sections, 
to the wheat region ? 

7* (77) 



78 WHEAT. 

IN'ort'hern Texas can supply all the balance of the 
State with good superfine flour, and successfully 
compete with the Western States in the E^ew Orleans 
market. We have the soil and climate for wheat, 
and only require the stimulus of proper inducements 
to bring its culture into extensive operation. 

The following is the wheat crop of twenty-five 
CO unties, for the year 1856, viz : 

Counties. Bushels. 

Burnett 10,000 

Cass 28,000 

Cherokee 20,000 

Colin 130,000 

Cook 20,000 

Coryell 15,000 

Dallas 150,000 

Denton 10,000 

Ellis 50,000 , 

El Paso : 100,000 

Fannin 125,000 

Grayson , 100,000 

Henderson 25,000 

Hill 20,000 

Hopkins , 50,000 

Hunt 50,000 

Johnson 30,000 

Kaufman 60,000 

Lamar 150,000 

McLellan 30,000 

Ndbvarro 30,000 

Red River 100,000 

Tarrant 40,000 

Upshur 20,000 

Williamson 25,000 

Total 2,133,000 



WHEAT. 79 

There are seventy counties in the State which pro- 
duced wheat last year (1856). 

The "State Gazette," a reliable newspaper, pub- 
lished at Austin, says the citizens of Colin County 
are furnishing Fort Washita with flour at the low 
price of $2*75 per cwt., or about $5-50 per bbl. IsTew 
wheat has been selling, in the wheat-growing coun- 
ties, during the last winter, for 50 cents per bushel. 
It is only a year or so since the farmers in the fore- 
going counties commenced raising wheat; and, in- 
deed, it is but a short time ago since those counties 
were undefined and uninhabited regions of wilderness. 

The wheat culture, as yet, is only an experiment, 
conducted without the proper appliances, and to the 
greatest disadvantage; but still, enough has been 
done to conclusively demonstrate that wheat is des- 
tined to be the most valuable production of this State. 
All of the counties north of 31° can depend on wheat 
as a certain crop. 



CHAPTEE VII. 

CREDIT. 

Credit, in Texas, is the universal rule, and prompt 
payment the exception ; the system runs through all 
business, from the smallest account to the most im- 
portant contract. 

The doctor, the lawyer, the editor, the merchant, 
mechanic, and undertaker, all furnish their wares on 
credit, and so we live and pass through life, and 
finally die on tick. 

During the Republic, and particularly in the latter 
days thereof, people became apparently very poor in 
the circulating medium. All kinds of property were 
very much depreciated ; land and stock-cattle had no 
convertible cash values ; business transactions became 
very limited between the citizens, and nearly all their 
trade was carried on in barter, and the exchange of 
commodities ; and in the sales of property and effects, 
on credit, to be paid for, at some future time, in other 
property. Having little commerce and connection 
by trade with foreign countries, that promptness and 
certainty which is the life and soul of regular business, 
were lost sight of, and a disregard to the fulfilment of 
promises became general. Thus, a man purchased of 

(80) 



CREDIT. 81 

his neighbor, under a solemn promise to make pay- 
ment in a given time, predicating his obligation on 
the faith of promises made by others to him, which, 
of course, failed ; he was necessarily not punctual, 
because others disappointed him ; his neighbor could 
not fulfil his duties to others, because his means, on 
which such duties were predicated, were in the hands 
of his debtors. And the ramifications of debt, credit, 
bad faith, broken contracts, and disappointed calcu- 
lations, became the general rule of society. Cattle 
and horses were good conventional representatives of 
value, but land was not current, and the possessor of 
an over-quantity was impoverished by the taxes on a 
species of property which possessed no real active 
market value. Men became disregardful of all punc- 
tuality in their contracts, because others broke their 
words to them ; if a negligent debtor had not acted 
exactly as he had agreed, he was no worse than peo- 
ple generally around him, and no one thought him a 
worse man. Careless indifference for the moral obli- 
gation of all contracts became so general, that even 
those who had the means of promptly paying their 
debts, found it hard to belie the ruling fashion. 
Every person used the privilege of running in debt 
to the extent of his or her abiUty of doing so. 

On the formation of our State Constitution, it was 
hoped that some kind of a banking system would be 
legalized, but the democratic wisdom of the members 
of the Convention who manufactured our Constitu- 
tion, would not for an instant entertain such an 



82 CREDIT. 

enormity as a banking law. They forgot that we 
were to become an important agricultural and com- 
mercial people ; that our exports and imports would, 
in a few years, become extensive ; that a business 
medium of exchange, after the fashion of other civi- 
lized communities, would be required; and if we 
could not have it of our own, our necessities would 
force us to contribute to the prosperity of neighboring 
States, for the use of their banking paper. The 
harharie restrictions in our Constitution against 
banks, have obstructed all of our commercial trans- 
actions with the people of other States, and been the 
fostering cause, at home, of all the evils of a loose 
credit system. Our fathers, in their enthusiastic 
regard for hard currency/, overlooked the salutary and 
invigorating results of a good banking system ; they 
had been too long isolated from the busy concerns 
and interests of the trading world to legislate intel- 
ligently for a young and thriving nation. They 
seemed to have forgotten that a safe banking system 
is, in all ages, the balance-wheel, which regulates all 
business relations of society, and causes the people 
to be prudent, prompt, and reliable, in all their deal- 
ings ; that establishes punctuality between man and 
man, promotes the morals of society, conduces to fair 
dealing, and makes it not only dishonorable, but 
unprofitable, for any man to forfeit his word or his 
bond. The people of Texas, under their new regis 
of a State Government, not having the proper con- 
straints, examples, and incentiv^es, did not reform, to 



CREDIT. 83 

any noticeable degree, their old habits of running in 
debt ; and when the agricultural wealth of our coun- 
try began to be developed, and to create commercial 
business with foreign States, and the merchandise 
and productions of other people were attracted here 
for a market, the credit s^^stem continued ; the mer- 
chants sold on credit, and the planters and farmers, 
mechanics and citizens, bought on credit ; and so it 
continues, throughout all classes, to this day. Old 
habits are hard to be rid of, without some powerful 
influence to the contrary; and the accessions of 
population from abroad, instead of tending to a re- 
formation, easily fall into the customs of the country. 
All merchants' accounts for goods sold to the in- 
habitants during the year, are considered due on the 
following first of January. Those that are not paid 
at that date are generally closed by promissory note, 
bearing ten per cent, interest from date, and made 
payable one day after date ; and frequently, when an 
account is settled in this manner, the merchant also 
charges 2J per cent, for advancing. He can make 
no calculation on getting in his debts at any parti- 
cular time; and often, after long and vexatious de- 
lays, rendered doubly annojnng by the constant re- 
ception of polite notes from his friends in New York 
and New Orleans, he is obliged to sue ; this, even if 
he saves the whole of his debt, is at a cost often per 
cent., to be paid to his lawyer. Some portion of the 
amount credited out by the merchant, during the 
year, is certain to be totally lost in bad debts; and 



84 CREDIT. 

all of these losses, of course, are taken into consi- 
deration in regulating his scale of profits. The mer- 
chants who go into the great marts to purchase their 
stocks of goods, under the disadvantages of the repu- 
tation of being slow and uncertain paymasters, are 
forced to pay much higher prices than a more prompt 
class. Therefore, the Kew York merchant who sells 
to the Texan merchant, knowing the precarious busi- 
ness of his customer, puts on to the price his profit 
accordingly, to cover interest on uncertain time of 
payment, and a liberal charge as insurance for pro- 
bable losses and ultimate litigation. The Texan, in 
order to prosper, must, and does, when he sells his 
goods, charge his profits on the exhorbitant prices 
which he has paid ; and, like the New Yorker, he, 
too, charges his extras in the way of interest on long 
time, and an insurance against the probable average 
of bad debts. And all of this accumulated load of 
charges has to be borne by the consumers ; they are 
the real sufferers. Besides, the blandishments of an 
easy credit system are very liable to lead its votaries 
to embarrassment and ultimate ruin. Thus the far- 
mers' and planters' families, who have unlimited 
credit at the neighboring stores during the year, 
purchase many more goods than they would if credit 
were abolished ; they are not prudent with what they 
do get, and they pay more than cash values, and 
thereby their expenses are enhanced, and accumu- 
lating debts created. 

When brief credit accommodates the necessities of 



CREDIT. 85 

prudent persons, it is beneficial ; but, when it minis- 
ters to the imperative calls of extravagance, its effects 
are destructive. 

Our merchants, with a few exceptions, are inexpe- 
rienced young men when they commence business, 
whose capital consists of the letters of recommenda- 
tion, which they obtain from responsible persons, and 
take, in place of more substantial substance, to the 
commercial cities of the North. These are used, 
instead of money, in the purchase of stocks of goods, 
to be sold out in Texas. Purchases made under 
such great disadvantages, too frequently cause our 
merchants to be unsuccessful in business ; they often 
are forced, after a precarious existence of two or three 
years, amid the constant vexations of duns from their 
creditors abroad, and forfeited promises from their 
debtors at home, to close up, with broken spirits, 
frustrated expectations, and ruined reputations, to 
the heavy loss of their too facile creditors. Thus, in 
many instances, have honest young men been ruined 
by the great facilities afforded for getting stocks of 
goods, and becoming merchants. As this is a por- 
tion of the credit system, and comes into the general 
account of losses, our consumers, the Texan planters, 
farmers, and stock-raisers, have its incidents to pay 
for in the way of high prices on all the articles which 
they purchase. The system of credit has made goods 
more expensive, in Texas, than they otherwise would 
be; and if a few solitary consumers pay cash for 
their merchandise, they still, under the present state 
8 



86 CREDIT. 

of affairs, must pay to the merchant charges which 
were predicated on the credit system. The whole 
system is a wrong, and vitally injurious to the con- 
sumer. Men totally unsuited for merchants get 
goods too easily, and the merchants of J^ew York, 
and other large cities, are too willing to sell, and too 
slow to discriminate between their customers. Young 
men are very apt to misjudge their capacities, and to 
entertain a false notion about the different occupa- 
tions of life; it has become a current sentiment, 
that the selling of merchandise confers a gentlemanly 
distinction, while the honest vocation of cultivating 
the earth is considered only adapted to rustic gro- 
vellers. 

In a new country, fast settling with emigration 
from older States, short credite are useful, and fre- 
quently absolutely necessary, to enable the settler to 
get along for a year or two ; for, most generally, they 
are men of limited means, and the whole of it is re- 
quired in the purchase of lands and stock animals ; 
they must have many things which they cannot 
bring with them, and, for such necessaries, a credit 
at the neighboring stores is useful; but, after the 
first two or three years, no more credit should be re- 
quired, or, if indulged in, it ought to be short, and 
promptly wiped out, either by money, or by cotton, 
corn, hides, or other productions. The merchants 
of New York, and other cities, who sell for the 
Texas trade, should only entrust their goods to those 
persons who have ample tangible capital, or who 



CREDIT. 87 

give undoubted security on property in Texas ; and 
then, if men will undertake mercantile business 
without proper capacity, the losses by their ruin will 
not have to be paid for by the Texan consumers. I 
have frequently known men to contract debts, in 
New York, of $20,000 yearly, without giving any 
security, and who could not, had they not in posses- 
sion such goods, so bought on credit of strangers, 
have purchased, in Texas, $500 worth of property on 
a credit, without giving security. Let the New 
York merchants look more to the security of their 
business transactions, and the quickness and certainty 
of their returns; let them take such precautions, 
that losses shall not be possible ; let them do only 
what any ordinary man, in any ordinary business 
transaction, considers necessary, to wit : make pro- 
per security paramount, make prompt payment an 
object of primary importance, and the Texas trade 
would become established on a firmer basis, and the 
consumers would become more prosperous and 
better producers. Let the consumers eschew credit, 
for it is the incubus of their lives, the moth which 
secretly destroys their substance. 

The productions of Texas, which are suitable for 
foreign markets, are abundant and numerous, such, 
as cotton, sugar, hides, beeswax, and wool, and far 
superior in value to all the merchandise which we 
require from abroad ; these are every year increasing ; 
but, instead of being of full benefit to the producers, 
much of their values are frittered away by the enor- 



88 CEEDIT. 

mous expenses of the credit system. Credit, at best, 
is subserviency to a hard master ; and, when the peo- 
ple become so lost to their own interests as to adopt 
credit altogether, the springs of their prosperity are 
directed into improper channels, and the resources 
of the producer are consumed in paying for curses 
rather than blessings. 



CHAPTEE VIII. 

SCHOOLS. 

The people of Texas have, by princely munifi- 
cence, laid the foundation of a general system of 
education. This subject has been well considered, 
and has received the particular attention of every 
successive legislature, since annexation. 

To difi*use the means of education throughout the 
land, and to bring it near the door of every habita,- 
tion, without cost to the recipient, will be the ulti- 
mate effect of these wise provisions. During the Re- 
public of Texas, Congress appropriated four leagues 
of land (or 17,712 acres) to every county, for educa- 
tional purposes, and every new county receives the 
like amount of land : besides, the constitution of the 
State has provided, that no less than one-tenth of the 
annual State-tax shall be set apart for purposes of 
education ; which money passes to the credit of the 
common-school fund, and is held inviolably sacred 
for that purpose. 

By a law of 1854, the sum of $2,000,000, of the 

five per cent. TJ. S. bonds, was also set apart for a 

special school-fund; and, by a law of 1856, the same 

was blended with the money derivable from the tenth 

8 * ( 89 ) 



90 SCHOOLS. 

of the taxes, and the whole is made a general school- 
fund : the interest derivable from all school moneys 
is appropriated annually for schools. Our State 
being large, and sparsely settled, has prevented, as 
yet, the school system from going into general prac- 
tical effect. By a recent enactment, each county has 
been laid off into common-school districts, and a 
certain portion of the school-fund is to be divided 
among the several counties, according to the number 
of children from six to sixteen years of age. The 
tuition of poor children is first to be provided for out 
of the appropriation, and the balance is divided 'pro 
rata among the other scholars. It is not presumed 
that this money will be sufficient to pay the whole 
year's tuition, in any one district, but it will go far 
in educating the poor. The lands, together with the 
increasing fund, must, under ordinary circumstances, 
place the means of education within the reacli of 
every child in the State. Both during the Eepublic 
and under the State government, much public land 
has been granted, in fee simple, to institutions of 
learning, aside from the general grants. Institutions 
so endowed are scattered throughout the older parts 
of the State ; and, with increasing renown and im- 
portance, they are, year by year, nurturing up males 
and females in the paths of virtue and high intellec- 
tual development. Schools, academies, churches, 
and newspapers, are sure guarantees of liberty to 
the people; for, where education, religion, and 
knowledge are general, none but just laws can be 



SCHOOLS. 91 

made ; a proper regard will be observed for the rights 
of all ; justice, correct principles, and our republican 
institutions, will be sustained, and tyranny repelled 
by united force. A few years, and a few more thou- 
sand emigrants, will ripen and perfect our school 
system, and make our valuable lands available for 
all the noble ends and purposes intended. And, 
even now, the want of a good English education, by 
the very poorest of the rising generation, will be 
more attributable to criminal neglect, or want of 
natural capacity, than to a lack of the means. Emi- 
grants from the older States, who have children, need 
not fear that the privileges of schools will be left 
behind ; for they can settle in almost any county in 
the State, and still enjoy all the blessings of a refined 
and cultivated civilization. Schools, churches, and 
newspapers, the concomitants of well-organized so- 
ciety, are accessible and convenient to every commu- 
nity, and a very superior degree of general intelli- 
gence distinguishes this people above any of the new 
States of the Union. 

Sixty -four newspapers are published in this State : 
far more, it is true, than pay well ; but the ability 
and intelligence displayed in their columns, show 
that really good editors can subsist on very short 
commons. We already have men of eminence in 
all the walks of literature and science, and public 
libraries and lyceums have been established in all the 
towns. 



CHAPTER IX. 

TAXATION, AND HOW IT AFFECTS THE OWNERS OP 

PROPERTY. 

The rate of taxation is fifteen cents on each hun- 
dred dollars' valuation of real and personal property. 
There are excepted from taxation two hundred 
and fifty dollars' worth of household furniture, or 
other personal property, to each family. 

County taxes may be one-half of the State-tax, 
but shall not exceed that rate. 

For the years 1854-5-6-7, nine-tenths of all the 
State-tax has been relinquished to the respective 
counties in which the taxed property is situate, and 
the remaining tenth of said tax goes to the credit of 
tbe common-school fund. Persons owning property 
must make out their assessment list, and hand it to 
the assessor and collector of taxes, between January 
and May of each year. 

Property situate in any county in the State can be 
given in, and taxes paid in any other county. 

Taxes become due on the first of October of each 
year, and are payable at any time between that and 
the following first of March. 

(92) 



TAXATION. 93 

TO PERSONS WHO OWN LANDS IN TEXAS, AND HAVE 
NEGLECTED TO PAY TAXES. 

All lands which have not, in years past, been re- 
gularly given in for assessment and taxation, have 
been assessed as non-residents' property/, and sold for 
taxes and costs. All such lands have either been 
purchased by individuals, or bid in by the State. By 
a law passed Feb. 5, 1856, the owners of such lands, 
so bid off by the State, may redeem the same by 
paying to the assessor and collector where the land 
lies, or to the comptroller, at Austin, all arrearages 
of unpaid taxes, with fifty per cent, per annum on 
all the taxes that are or should be due on such lands 
up to time of payment, and two dollars fee, over and 
above the other charges. "When land is purchased 
by an individual, at tax-sale, the deed of the assessor 
and collector, provided it be regularly recorded in the 
proper office, becomes, according to law, prima facie 
evidence of title in the purchaser ; provided, further, 
that the person whose property has been sold for 
taxes, shall have two years to redeem the same, by 
paying to such assessor, or to the purchaser, double 
the amount of taxes, with costs of sale. All lands 
not rendered in for taxation, are valued and assessed 
by the assessor, according to the average valuation 
of all the land in the counties where situate. 

ADVICE TO NON-RESIDENTS OWNING LANDS IN TEXAS. 

You see, by the foregoing laws, that if your pro- 
perty here is not attended to, it will inevitably be 



94 TAXATION. 

sold for the taxes; and that, if not bid in by the 
State, you stand a fair chance of having it sacrificed 
to the cupidity of some wily speculator, or of reco- 
vering it only at the termination of an expensive 
law-suit — a hazard which should not be run by any 
man who has any regard for his own welfare. It is 
true, that, in the States of Ohio and Illinois, where 
the greatest number of tax-sales have been made, and 
the most tax- titles have been tested in the courts, few 
have withstood the ordeal : it is said that only twenty- 
five, out of many hundreds, have been sustained; 
still, it is suicidal policy to trust one's property to 
the chances of law. 

Only two or three tax-cases have been decided by 
our courts of last resort, and those went against the 
tax purchasers ; but, I suppose, at an expense to the 
winner of nearly the value of the property recovered. 
The cases decided will be no inducement or argument 
for tax purchasers to give up their acquisitions easily; 
for the reason, that each tax purchase rests for its 
validity on its own peculiar circumstances. If the 
preliminaries to the sale, and the sale and concomi- 
tants, have been done and observed according to law, 
then the tax-sale becomes a perfect title, and fully 
vests the property, after two years. 

If you have lands in Texas, and no attention has 
been given to them, for several years, be assured that 
they have, ere this, been sold for taxes ; and, if worth 
owning, in all probability passed into the hands 
of speculating individuals, who are ever on the alert 



TAXATION. 95 

to take advantage of the neglectful and unwary, and 
to profit by the misfortunes of others. And, if your 
lands are quite valuable, at present or in prospective, 
such tax purchasers, knowing the liability of their 
titles to inherent defects, will fortify by actual pos- 
session. Our laws of limitation are short; and a 
defective title, with possession, is quickly ripened 
into a perfect title. 

Thus, lands which are valuable and constantly ap- 
preciating, are yearly passing from the rightful 
owners to the proprietorship of avaricious specula- 
tors ; or, if they do not wholly and entirely pass, are 
becoming so entrammelled by the meshes of adverse 
interests, that recovery will hardly pay the expense. 

In order to maintain and hold your lands intact, 
free from embarrassments, or cloud of controversy, 
you must cause your titles to be recorded in the 
county where each respective tract is situate, and 
have a reliable agent here, to give in your lands for 
assessment, by proper descriptions, and pay taxes on 
the same ; for which services you should pay, in 
order that it may be obligatory on him to preserve 
your interests ; for the good reason, that services not 
remunerated are but poorly performed. 

You will be amply rewarded for your small ex- 
pense, by the security which such a course will afford 
,to your property : you will purchase peace of mind, 
and exemption from trouble and litigation, at a cheap 
rate. 

The lands of Texas are of far more value and 
consideration than they were during our separate 



96 TAXATION. 

sovereignty; and many a man who is now neglecting 
his Texas lands, will, in a few years, appear as ridi- 
culous as Esau. 

Those persons of the masculine gender, and of 
mature age, owning lands in Texas, who cunningly 
say to themselves, "My land, in that benighted re- 
gion, is all safe : it costs nothing to keep it, for I 
pay no taxes ; and, when the country settles up, and 
railroads begin to travel that way, I'll be thar for a 
big spec." True it is, your lands will be pretty much 
in statu quo, so far as their area and depth are con* 
cerned ; but the transmutable part will have departed 
from you and your heirs. And what's the pity? 
Shall it be for any man to evade payment of his just 
quota towards the government ? Shall roads be laid 
out through the wilds at the exclusive expense of 
residents? Shall school-houses and churches be 
erected, and the country converted from a wilderness 
to a populous State, to the non-resident non-tax-payer's 
pecuniary benelit, and without one cent of his aid ? 
It is an injury to any State or country, for non-resi- 
dents to own its territory : then, of course, it is short 
of justice that they should not pay taxes on their 
lands, like those who are citizens. But there are 
many persons, living in the older States, who are of 
the gentler sex, or of immature years, who own 
much land in Texas, by inheritance — ^vhose husbands, 
fathers, brothers, or other kindred, won the right, by 
their strong arms and ready wills, during our Revo- 
lution — who sacrificed money, time, and health in 
the cause of our liberties, and even laid down their 



TAXATION. 97 

lives, amid wretchedness and suffering, that we might 
enjoy in peace this beautiful heritage. Towards such 
land-owners the law would be merciful, if it could 
discriminate ; and it is much to be regretted that 
they too must suffer; they in whose veins perhaps 
courses the family blood that bedewed the same 
lands which they have inherited. 

To all such I will saj^, although you be of weak 
age or of the gentler sex, or bowed with poverty, 
suffer not one moment to lapse between yourself and 
an investigation of your rights ; address some reli- 
able agent in Texas, setting forth the known or sup- 
posed grounds of your claim, and ask to have it 
looked into without delay ; this can be done void of 
expense, and, if your rights have been long neglected, 
you can always get them attended to for a contingent 
fee in money or in kind. Your journeying to Texas 
is wholly unnecessary, for you might travel about in 
this country of high charges and long roads for a 
year, and be no better informed than when you came ; 
and when, too, perhaps, an agent might do all your 
business in half the time it would take you to come 
here. 

In conclusion, I will repeat to j^ou, all who have 
rights in Texas, employ a trusty agent, and you will 
find it to your interest ; for titles to real estate, as 
you must already understand, are not held in the 
same sacred, inviolable regard, as in England, and 
owners become more easily divested than in many of 
the older States. 
9 



CHAPTER X. 

HEIRSHIP, AND RIGHTS TO PROPERTY BY INHERITANCE. 

Laiv of March 18th, 1848 — FoZ. II., page 129. 

This law is now in force, and from its peculiarly 
equitable provisions, will undoubtedly continue to be 
the law of the land for many years hence. I have 
herein inserted a synopsis of it for the particular 
benefit and reference of those persons living in other 
States, and having inheritances in Texas. 

I have also annexed forms for proving up heirships, 
as I find that people at a distance, and even high 
functionaries, who are expected to be well informed 
about the laws, usually make blunders. The heirs 
of persons who died previous to 18th December, 
1837, inherit according to Spanish law ; that is, first 
descendants ; if they fail, second ascendants ; if they 
fail, third collaterals. 

The laws, previous to 1848, are not materially 
variant. 

Law of March 18th, 1848. 

1. A person dying without a will, and leaving no 
surviving husband nor wife, the property descends to 
the children in equal proportions. 

(98) 



HEIRSHIP. 99 

2. If there be no children, then to the descendants 
of the children. 

8. If there be no children nor descendants, then 
to the father and mother of the deceased person, in 
equal portions. 

4. If there be only one of the j^arents of the de- 
ceased person surviving, then the inheritance is to be 
divided into two equal parts, one of v^^hich passes to 
such surviving parent, and the other passes to the 
brothers and sisters of such deceased person, or to the 
descendants of them. 

5. If the deceased leave only one parent survivinsr, 
but no brothers or sisters, nor descendants of bro- 
thers or sisters, then such surviving parent inherits 
the v^^hole. 

6. If the deceased person leave no parent sur- 
viving, but leave brothers and sisters, or the descend- 
ants of such, then all of the inheritance shall pass to 
such brothers and sisters, or their descendants. 

7. If both parents be dead, and there be neither 
brother nor sister, nor their descendants, then the 
inheritance is divided into two equal parts, one part 
of which goes to the paternal, and the other to the 
maternal kindred of the deceased person, in the fol- 
lowing manner, that is to say : the grandfathers and 
grandmothers in equal proportions ; but if only one 
paternal or maternal grandparent survive, such sur- 
vivor takes the whole of one moiety. 

8. If both grandparents, on either or both sides, 
be dead, then the inheritance passes to uncles, or to 



100 HEIRSHIP. 

their nearest lineal descendants ; always recollecting, 
that when there are no legal heirs up to grandparents, 
the estate is then divided into two equal parts, and 
one portion goes to the kin of the mother of the de- 
ceased, and the other to the kin of the father. 

9. "When a person, owning property in his or her 
own right, dies intestate, leaving a surviving hushand 
or surviving wife, and children, or descendants of 
children, the surviving husband or wife takes one- 
third of the personal estate, and an estate for life in 
one-third of the land and slaves, with remainder to 
the surviving children, or their descendants. The 
children, or their descendants, inherit the whole of 
the land and slaves, subject to the life-incumbrance 
on one-third. They also inherit the other two-thirds 
of the personal estate. 

10. If the deceased leave no children, nor their de- 
scendants, but leave a surviving wife or husband, 
then the surviving husband or wife inherits all the 
personal estate, and one half of the lands and slaves, 
without remainder to any person. 

11. If the deceased husband or wife left neither 
children, father nor mother, nor surviving brothers or 
sisters, or their descendants, then the surviving hus- 
band or wife inherits the whole estate. 

12. "Where an inheritance passes by law to brothers 
and sisters, if part of such be of the whole blood, 
and part of the half blood, then, in that case, the 
half blood inherits half as much as the whole blood. 

13. AVhere the children of the deceased person's 



HEIRSHIP. 101 

brothers and sisters come into the partition, they take 
per capita ; where a part are dead, and a part living, 
the issue of those dead take per stirpes. In this 
manner, suppose a man die, leaving two surviving 
brothers or sisters, and the children of a deceased 
brother or sister, then the surviving brothers or sis- 
ters would take per capita^ and the children of the 
deceased brother or sister would take per stirpes^ or 
the stock of their deceased parent. 

14. Bastards, whose parents afterwards marry, be- 
come, if recognised, legitimated. 

MARITAL RIGHTS. 

Separate Property — Common Property. 

1. Females marrying under the age of twenty-one 
shall be deemed of full age. 

2. All property owned by husband or wife before 
marriage, and that acquired afterwards by gift, de- 
vise, or descent, and the increase of all lands and 
slaves thus acquired, shall be and continue his or her 
own separate propert}^ 

3. During the marriage, the husband has the sole 
management of the separate property of the wife. 

4. A married woman cannot make separate con- 
tracts, by which she herself, or her separate property, 
will be rendered liable, excepting in cases of absolute 
necessity for the preservation of her property, or the 
support of herself and family, and when the husband 
refuses to join. 

5. All property acquired after the marriage, by 

9* 



102 HEIRSHIP. 

either hnsband or wife, or both, excepting that in 
Sect. 2, is community or common property of the hus- 
band and wife ; and on the dissohition of the mar- 
riage by death, one half goes to the surviving hus- 
band or wife, and the other half to their children ; 
but, if they have no children, then the surviving 
husband or wife takes the whole. 

6. After the wife commences a suit for divorce, the 
husband can contract no further debts, binding on 
the community property, nor dispose of any land or 
slaves. 

7. All head-right certificates and military land 
claims, the rights to which have accrued to married 
men, are considered community propert}-, and go- 
verned, in their descent, according to the foregoing 
laws. 

Forms for proving up Heirship. 

Suppose a single man, who died in Texas, has 
connections in the State of J^ew York, and that his 
father and mother are also dead. 

" State of Kew York, ss. > 
Madison County. } 

"Before me, the undersigned, legally constituted 
authority, personally appeared Samuel Slyke and 
Jonathan Barlow, two credible witnesses, to me per- 
sonally well known, who, after being duly sworn, 
according to law, depose and say, that they are well 
acquainted with James Parkins, Rufus Parkins, and 
Sarah Tilton (formerly Parkins), and now wife of 



HEIRSHIP. 103 

Thomas Tilton, who are all residents of Madison 
county, in the State of New York : and these depo- 
nents further say, that they personally knew Solomon 
Parkins, late of Matagorda county, in the State of 
Texas, and now deceased. And they further say, 
that the said James, Sarah, and Eufus, and the said 
Solomon, dec'd, are the legitimate children of Simp- 
son Parkins and Sarah his W'ife, both late of Mont- 
gomery county, State of New York, and now de- 
ceased. And the witnesses further depose, that said 
Solomon Parkins was never married, so far as they 
have been informed, by general report, and believe ; 
and that the aforesaid James Parkins, Rufus Par- 
kins, and Sarah Tilton, are the next of kin, and 
immediate and only heirs of so near a degree of 
consanguinity to the said Solomon Parkins, deceased, 
and that he had no other brothers or sisters, or their 
descendants. 

"And deponents further say, that they have no 
direct or indirect interest or claim in the estate of 
said decedent last-named, and that they are wholly 
disinterested in the matters herein, and make these 
depositions without bias, or hope of pecuniary gain. 

"Samuel Slyke, 
"Jonathan Barlow." 

" State op New York, ss. | 
Madison County, ) 

"I, Timothy Bundick, Judge of the Court of 
, the same being a court of record, and hav- 



104 HEIRSHIP. 

ing a seal of office, do hereby certify that the fore- 
going affidavit was made, subscribed, and sworn to 
before me, by the witnesses, Samuel Slyke and Jona- 
than Barlow; and I further certif}^, that I know them 
to be persons of good standing, and entitled to full 
credibility. 

" In testimony of all which, I have hereunto set 
my hand, and caused to be impressed thereon the 
seal of said court, at , this day of , 

A. D. 1857. 

"Timothy Bundick, 

[l. s.] "Judge of r 



The foregoing proof may also be made before a 
commissioner for the State of Texas, resident in the 
State of ISTew York, or any State where the claimants 
may reside, after the same form. The commissioner 
is not required by law to use an official seal. 

When done before a judge, it is better, for more 
certainty, to have a certificate from the Secretary of 
State attached thereto, as follows, viz. : 

Foj^m, 
" I, Elias W. Leavenworth, Secretary of State for 
the State of I^ew York, do hereby certify that the 
Honorable Timothy Bundick, whose name and offi- 
cial seal appears to the foregoing documents, was, 

on the day of , a. d. 18 — , Judge of , the 

same being a court of record, w^ith a seal of office, 
and that full faith and credence are due to all his 
acts, in that capacity. 



HEIRSHIP. 105 

"In testimony of all the foregoing, I have here- 
tinto set my hand, and caused to be impressed the 
great seal of the State of New York. Done at Al- 
bany, this day of , A. D. 18 — ." 

[Great Seal.] 

Advice to Heirs, 

There are heirs to persons who have died in Texas 
scattered throughout the United States, Great Britain, 
and Germany, who have no knowledge of their rights 
here, or, if they have, too slightly to appreciate them. 
These inheritances generally consist of land and land 
claims, and some of them are large and valuable. 

The rapid course of time, and railroad speed of 
events, are constantly attenuating and obliterating; 
the evidences of those rights, and fortifying the titles 
of adverse claimants. It behoves all such heirs, 
therefore, w^ho have knowledge of their claims, to 
be up and doing; for soon "the night cometh, when 
no man can work:" too soon, the ver}^ last vestiges 
of their rights will be forever beyond all power of 
resuscitation. 

The proper and most expeditious way, is for the 
claimant to entrust his business with a reliable asfent 
— one who has experience, and is familiar with the 
routine of our laws. Such a person will effect more, 
in a short time, than the claimant could, unaided, in 
a whole lifetime. 

The land claims of many persons who were sol- 
diers in Texas during the Revolution, and who died 



lOG HEIRSHIP. 

in the service, have been tampered with by unautho- 
rized administrations, and sold ; but the greater part 
of such transactions are nullities, and the property 
may be reclaimed. Many lands, which were owned 
by persons since deceased, have been sold for State 
and county taxes ; but such can be recovered by the 
heirs, unless the adverse claimant have actually occu- 
pied the land for a sufficient length of time to claim 
by proscription. 

Where a person has ever been entitled to any pro- 
perty in Texas, by right of heirship, he or she had 
better look to such rights, without delay, as the time 
is fast approaching when the smallest government 
grant of land will be of far more consideration than 
at present. 



CHAPTER XI. 

CONVEYANCES OF REAL ESTATE. 

Deeds of conveyance for real estate must be in 
writing, signed, sealed, and delivered by the grantor, 
and acknowledged by him before a proper officer, for 
authentication ; or acknowledged by him before two 
witnesses, who, at his request, must sign their names 
at the bottom, on the left hand side : scroll seals may 
be used, when recognised in the body of the instru- 
ment. 

It is said that, where the witnesses are present, and 
see the grantor sign and execute the instrument, and 
sign, as witnesses, at the same time, in presence of 
the grantor, that it is not necessary for the witness- 
ing to be at his request ; but, when they sign at a 
subsequent period, then they must become witnesses, 
at his (particular) request (see Tex. Rep. vol. xv.) 
Although the title to slaves passes from the seller to 
the purchaser by delivery alone, it is better, in order 
to prevent all subsequent embarrassments, that a 
written title should be taken, authenticated and re- 
corded according to law. All conveyances for land 
certificates, land warrants^ and land scrip, must be 
formally executed, like deeds to real estate ; but no 
recording is requisite. A land certificate is not purely 
real estate, but an incorporeal hereditament. 

(1.07) 



108 CONVEYANCES OF REAL ESTATE. 

Form of deed in Fee Simple {warrantee). 

*' The State of Texas, \ 
County of Matagorda. J 

"Know all men by these presents, that I, A. B., 
of the State and county aforesaid, in consideration 
of the sum of ^ve hundred dollars, to me paid by 
C. D., of the county of JsTavarro, State aforesaid, 
have granted, bargained, sold, released, and conveyed, 
and by these presents do hereby grant, bargain, sell, 
release, and convey, unto the said C. D., his heirs or 
assigns, all that (here describe the premises), together 
with all and singular the rights, members, heredita- 
ments, and appurtenances to the same belonging, or 
in any wise incident or appertaining. 

" To have and to hold all and singular the pre- 
mises herein described, unto him, the said C. D., his 
heirs or assigns forever. And I, the said A. B., do, 
for myself, my heirs and representatives, hereby war- 
rant, and I will and they shall forever defend, the 
title to said premises and appurtenances, unto him, 
the said C. D., his heirs or assigns, against all per- 
sons legally claiming the same, or any part thereof. 
In testimony of all which, I have hereunto set my 
hand and scroll seal, at Matagorda, this twenty- 
seventh day of May, A. D. one thousand eight hun- 
dred and fifty-seven. 

"(Signed) A. B. [Scroll.] 

" Signed, sealed, and delivered in presence of wit- 
nesses, 

"L. 0., P. S." 



CONVEYANCES OF REAL ESTATE. 109 

Remarhs. 

Covenants can be inserted according to agreement 
of the parties. 

Persons executing instruments in other States, con- 
cerning real estate situate in Texas, must recollect 
that all such instruments must be in conformity with 
our laws, w^ithout any regard to the laws of the place 
of execution. 

Form of authenticating a deed for record, when acknow- 
ledged hy grantor to the officer, 

" The State of Texas, "^^ 
County of Matagorda, j 

" Before me [Notary Public, County Cleric, or Chief 
Justice County Court] personally appeared A. B., to 
me personally well known, and who acknowledged 
to me, that he executed and delivered the foregoing 
instrument of writing in favor of C. D., dated the 
27th day of May, A. D. 1857, for the purposes and 
consideration therein stated ; and the said A. B. fur- 
ther acknowledged to me his signature and seal to 
said instrument of writing, and requested me to au- 
thenticate the same. 

" To certify all of the foregoing, I have hereunto 
set my hand and affixed the impress of my seal of 
office, at Matagorda, this 27th day of May, A. D. 1857. 

"Lemuel Shackelfoed, 
[l. s.] ''ITitleofofficey 

10 



110 CONVEYANCES OF REAL ESTATE. 

Proof of an instrument hy a subscribing witness^ where 
he was present at the execution thereof. 



:■} 



" The State or Texas, 
County of Matagorda 

" Before me [any of the foregoing officers] person- 
ally appeared L. 0., to me personally well known, 
and who, being by me first duly sworn, according to 
law, states, on oath, that he saw A. B., grantor in the 
foregoing instrument of writing, dated May 27th, 
A. D. 1857, subscribe the same. 

"And deponent further says, that he signed the 
same as a subscribing witness at that time. 

" To certify all of which, I have hereunto set my 
hand and the impress of my seal of office, at Mata- 
gorda, this 27th day of May, A. D. 1857. 

"Peter Jones, 
[l. S.] " [^Official designation"].*' 



Where the deed is witnessed at a subsequent period 
from its execution, 

" The State of Texas, \ 
County of Matagorda. J 

"Before me [any of the foregoing officers] person- 
ally appeared L. 0., to me personally well known, 
and who, being by me first duly sworn, according to 
law, says, on oath, that he signed the foregoing in- 
strument of writing, dated May 27th, 1857, as a sub- 



CONVEYANCES OF REAL ESTATE. Ill 

scribing witness, and that he did so at the request of 
A. B., the grantor therein." 

[Same conclusions as foregoing.] 

When the subscribing witnesses are dead, or their place 
of residence is unknown, or when they reside out of 
the State. 

" The State of Texas, "I 
County of Matagorda, j 

" Before me [any of the foregoing officers] person- 
ally appeared John Jones, to me personally well known, 
who, first being duly sworn by me, according to law, 
deposeth and saith, that L. 0. and P. S., whose 
names appear signed as subscribing witnesses to the 
foregoing instrument of writing, executed by A. B., 
and dated May 27th, 1857, [are non-residents of the 
State of Texas, or their place of residence is unknown^ 
or they are dead, as the fact may be']. 

"(Signed) John Jones, 

" Sworn to and subscribed before me, this day 

of , A. D. 18 — , which I certify, under my 

hand and seal of office." 

[I^ame, official designation, and seal of office.] 

After which the instrument may be proven for record. 

" The State of Texas, ) 
County of Matagorda. J 

"Before me [any of the foregoing officers] person- 
ally appeared John Jones and Samuel Geddes, to me 



112 CONVEYANCES OF REAL ESTATE. 

personally well knowD, who, being by me first duly 
sworn, according to law, depose and say, that they 
are well acquainted with the handwriting of A. B. 
and L. 0., the former the grantor, and the latter one 
of the subscribing witnesses in the foregoing and an- 
nexed instrument of writing, dated May 27th, A. D. 
1857 ; and these deponents further say, that said sig- 
natures are the true and genuine signatures of said 
persons, and that they, these deponents, are wholly 
uninterested in any matters contained in said instru- 
ment of writing. 

"John Jones, 
" Samuel Geddes. 

" Subscribed and sworn to before me, this day 

of , A. D. 1857, which I hereby certify, 

under my hand and seal of office." 

[Official signature and seal.] 

3Iode of proof ivlien the subscribing tvitnesses are per- 
sonally unknown to the officer. 

" The State of Texas, ) 
Matagorda County. J 

" Before me [any of the foregoing officers] person- 
ally appeared Samuel Ilolliday and Henry Watkins, 
to me well known, who, being by me first duly sworn, 
depose and say, that L. O., who now also appears 
personally present, is the identical person whose 
name appears signed as one of the subscribing wit- 
nesses to the foregoing and annexed instrument of 



CONVEYANCES OF REAL ESTATE. 113 

writing, bearing date May 27th, 1857, and executed 
by A. B. 

" Samuel IIolliday, 
"Henry Watkins. 

" Subscribed and sworn to before me, this day 

of , A. D. 1857, which I hereby certify, 

under mj hand and seal of office." 
[Official signature and seal.] 

After which the instrument of writing may be 
proven up by the unknown witness. 

" The State of Texas, | 
Count!/ of Matagorda. ) 

" Before me [any of the foregoing officers] person- 
ally appeared L. 0., a subscribing witness to the an- 
nexed instrument of writing, dated May 27th, A. D. 
1857, and executed by A. B. : And the identity of 
the said L. 0. having been satisfactorily proven to 
me by the affidavits of Samuel Holliday and Henry 
Watkins: And he, the said L. O., having been by 
me first duly sworn, according to law, now states, on 
oath, that he saw A. B., the grantor in said instru- 
ment of writing, subscribe his name to the same as 
it there appears. And deponent further says, that 
he signed his name, as a subscribing witness, to said 
instrument of writins^. 

" To certify all which, I have hereto set my hand 
and affixed the impress of my official seal. 

[l. s.] " Done at Matagorda, this day of , 

A. D. 1857." 
10* 



I 



114 CONVEYANCES OF REAL ESTATE. 

Mode of autJienticating an instrument executed by a 
married zvoman, concerning her separate property. 

In making a conveyance of separate property, or 
in the execution of any other written instrument, a 
married woman must always be joined therein by her 
husband. Such instruments can never be proven up 
by witnesses, but must be authenticated by a Judge 
of the Supreme or District Court, Notary PubUc, or 
Chief Justice of the county. 

Form. 



;•} 



" The State of Texas, 
County of Blatagorda 

"Before me, Matthew Talbot, Chief Justice of the 
County Court, in and for said County of Matagorda, 
personally appeared Elizabeth Hunter, wife of John 
L. Hunter, both to me personally well known, par- 
ties to a certain instrument of writing, bearing date 
the 21st day of March, A. D. 1857, and hereto an- 
nexed ; and having been examined by me privily and 
apart from her said husband, and after having the 
same read over and fully explained to her by me, she, 
the said Elizabeth Hunter, acknowledged the same 
.10 be her act and deed, and declared that she had 
"villingly and understandingly signed, sealed, and de- 
livered the same, for the purposes and consideration 
therein expressed, and that she did not wish to retract 
it. And afterwards, on the same day, personally ap- 
peared the abovenamed John L. Hunter, who stated 



CONVEYANCES OF REAL ESTATE. 115 

to me, that he had executed said instrument of writing 
for the purposes and consideration therein expressed, 
and he acknowledged his signature and seal to the 
same. 

" To certify all of which, I have hereunto set my 
hand, and caused to be affixed the impress of the seal 
of said County Court. 

"Done at Matagorda, this 29th day of March, 
A. D. 185T. 

"Matthew Talbot, 
[l. s ] " Chief Justice of Matagorda County,'' 

An instrument to be used in Texas, when authen- 
ticated in any other State or Territory, must be done 
by a Judge of a Court of Record, having a seal of 
office, or by a Commissioner for this State. 

When in a foreign country, it must be done by 
some Public Minister, Charge d'Affiiires, or Consul 
of the United States ; and, in all cases, the certificate 
of the acknowledgment or proof must be attested 
under the official seal of the officer taking the same. 



CHAPTER XII. 

LEGAL RIGHTS AND REMEDIES. 

Mortgages. 

The practice of taking mortgages on real estate, 
negroes, and personal property, as collateral security 
for money due on notes, bonds, and accounts, is quite 
common in this State. Although there is a little 
ambiguity in the 2d section of the law (Hartley's 
Digest) concerning foreclosing mortgages on personal 
property, the District Court is the only tribunal 
where mortgages on real estate and slaves can be 
foreclosed. 

1. In foreclosing a mortgage, suit may be brought 
in the county where the mortgaged property is situ- 
ate, or in the county of defendant's domicil. 

2. Where the mortgagor is dead, the mortgagee or 
owner of the security, or his agent, must present it 
to the administrator or executor for acceptance, like 
all other claims against estates of deceased persons. 

3. A note, bond, or other debt, secured by a mort- 
gage, is subject to the laws of limitation, in the same 
manner as though no mortgage existed. 

4. Mortgages may be assigned, and the assignee 

(116) 



LEGAL RIGHTS AND REMEDIES. 117 

becomes entitled to all the rights of the original 
holder. 

5. All mortgages on real estate must be recorded 
in the county where the property lies, within ninety 
days from the date of the execution thereof; and 
mortgages on personal property in the county where 
the mortgagor lives, within a like period ; but a fail- 
ure to comply with this rule does not forfeit the lien 
as between the parties to the mortgage. 

A prudent regard for security would seem to dic- 
tate to the holder of a mortgage to prove it up, and 
cause it to be recorded without delay, as rights of 
third persons may injuriously intervene. 

I have endeavored, by the following simple forms, 
to exemplify this kind of security in its diflerent 
phases, so that any person may comprehend, and be 
enabled to avail him or herself of it, in business 
transactions. 

" Matagorda^ Texas, May Ist, 1857. 
"$15,000-00. 

" Twelve months after date, for value received, I 
promise to pay to C. D., or order, the sum of fifteen 
thousand dollars, with interest thereon from date, at 
the rate of ten per cent, per annum. 

" (Signed) A. B." 

"■ The State of Texas, 1 
County of Matagorda, j 

'• Know all men, by these presents, that I, A. B., 
of the State and county aforesaid, for and in consi- 



118 LEGAL RIGHTS AND llEMEDIES. 

deration of the sum of fifteen thousand dollars, with 
the interest due and to be due thereon, which sum 
of money I am indebted to C. D., of the same place, 
and which indebtedness is more fully evidenced by 
my promissory note, to him delivered, and copied 
below (here copy evidence of debt), have, better to 
secure the payment of my said debt, granted, bar- 
gained, sold, alienated, and conveyed, and do, by 
these presents, hereby grant, bargain, sell, and con- 
vey unto the said C. D., his heirs or assigns, forever, 
all of the following described property, viz. (here de- 
scribe the property) : To have and to hold the same, 
together with all the rights, members, and heredita- 
ments to the same in anywise incident or appertaining, 
to him, the said C. D., his heirs or assigns, forever. 

"And I, the said A. B., for myself and my heirs, 
hereby covenant with the said C. D., that I am law- 
fully seized in fee simple of the herein granted pre- 
mises, and that they are free from all incumbrances : 
Provided, always, that this conveyance is made upon 
this condition, that, if I, the said A. B., shall pay, 
or cause to be paid, to the said C. D., his heirs or 
assigns, the full sum of fifteen thousand dollars, as 
mentioned in said promissory note, on or before the 
first day of May, a. d. 1858, together with the inte- 
rest then due thereon, then this instrument to become 
null and void ; otherwise to remain in full force and 
virtue, and become subject to foreclosure, according 
to law. 

" In testimony of all which, I have hereunto set 



LEGAL RIGHTS AND REMEDIES. 119 

mj hand and scroll seal, at Matagorda, this first day 
of June, A. D. one thousand eight hundred and fifty- 
seven. 

"(Signed) A.B. [Scroll.] 

" Signed, sealed, and delivered in presence of wit- 
nesses." 

Or this form of Mortgages. 
Hemphill C. J. in T. E. vol. vi. page 13, remarks 
as follows: "And here I would suggest the re-adop- 
tion of the Spanish, or a more simple form of mort- 
gage. The form in use is deceptive and fictitious. 
It purports to be a perfect deed of conveyance, with 
conditions." 

" The State of Texas, | 
County of Matagorda, J 

" Whereas I, A. B., of the State and county afore- 
said, being justly indebted to C. D., of the same 
place, upon a promissory note, a copy of which is 
copied below (copy of note). Kow, in order better 
to secure the prompt payment of said recited promis- 
sory note, together with the interest thereon, I do 
hereby mortgage, make over, and convey, unto the 
said C. D., all of the following described land and 
premises, viz. (here describe property). 

"To have and to hold all of the herein described 
property, together with all the rights thereto incident 
or belonging, for the sole purpose of securing the 
payment of said promissory note, and interest, by 



120 LEGAL RIGHTS AND REMEDIES. 

foreclosure of this mortgage, if I should make default 
in the prompt payment thereof. 

"In testimony of all which, I have hereunto set 
my hand and scroll seal, at Matagorda, this first day 
of June, A. D. one thousand eight hundred and fifty- 
seven. 

" (Signed) A. B. [Scroll.] 

" Signed, sealed, and delivered in presence of wit- 
nesses." 

Mortgage on Personal Property. 

Cotton and sugar-planters frequently desire to 
obtain money, as advancements, from their merchants 
and factors abroad ; and the business is so arranged, 
that benefits are derived by both parties : the planter 
gets his accommodation, in the way of a loan, and 
the factor not only secures himself for the repay- 
ment of his money, and interest, but also the profits 
of selling the planter's sugar and cotton. 

Form, 
"The State oe Texas, 
County of Matagorda. 

' "Whereas I, Samuel Kingston, of the State and 
county aforesaid, planter, have this day entered into 
an arrangement and contract with Nelson Clements 
and Thomas Ilayden, commission merchants, doing 
business in the city and State of JN'ew York, under 
the style of Clements & ITayden, whereby I am to 
have a credit at their establishment, in said city, up 
to the amount of four thousand dollars, and I am, 



LEGAL EIGHTS AND REMEDIES. 121 

from this date, to be allowed to draw drafts on said 
firm, during the present year, in sums to suit my 
convenience, until the whole of said sum of money 
shall have been drawn, or any less amount that I 
may choose; which drafts they have agreed to 
promptly honor and pay, according to their tenor. 
And I, the said Samuel Kingston, in consideration 
ot the foregoing, hereby bind myself and my heirs 
to ship or cause to be shipped, in good order, on or 
before the first day of January next, to the said 
Clements and Hayden, all of the crop of cotton 
growing and to be grown on my plantation during 
the present year; which I estimate will be two hun- 
dred bales, of five hundred pounds each. And the 
said Clements & Hayden are to sell said cotton, on 
my account, to the best advantage, according to 
their judgment; and, after deducting the amount of 
money they may have advanced, and ten per cent 
per annum interest thereon, and the other usual 
charges, to pay the remainder of the proceeds over 
to me, or my order. 

"Now, in order better to secure the repayment of 
such advances, interest, and charges, in the manner 
which I have agreed, and as additional security, I do 
hereby mortgage, pledge, and convey, nnto the said 
Clements & Hayden, all of the following named 
negro s aves, viz. (here describe the slaves). To have 
and to hold all of said slaves, together with their in- 
crease, for the sole purpose of securing the prompt 
repayment of said advances of money, be the same 



122 LEGAL RIGHTS AND REMEDIES. 

more or less, with the interest and charges, in tlie 
manner as I have herein contracted. 

*'But I am to remain in possession of said slaves, 
and keep them on my plantation, in this county, 
until a default is made hy me, and a foreclosure 
hereof is decreed, according to law. 

" In testimony of all which, I have hereunto set 
my hand, and seal of office, at Matagorda, this 
twenty-first day of June, A. D. one thousand eight 
hundred and fifty-seven. 

" Samuel Kingston. [Scroll.] 

" Signed, sealed, and delivered in presence of wit- 
nesses." 

The foregoing mortgage, after heing properly au- 
thenticated, should be filed for record in the county 
where the mortgagor lives. 

Delays are dangerous ; and a person who is cau- 
tious enough to secure his interest, by taking full 
security, should certainly not leave the most impor- 
tant part unaccomplished. 



Releases of Morigages, 

When a mortgage is paid and satisfied, a release 
should be procured, to be executed by the mortgagee 
or assignee of the mortgage security, and the same 
should be authenticated and recorded, like all other 
formal instruments. 



LEGAL IIIGIITS AND REMEDIES. 123 

*' The State of Texas, 
County of Matagorda. 

"I, C. D., of the State and county aforesaid, do 
hereby certify and acknowledge, that a deed of 

mortgage, bearing date the day of , a. d. 

1856, and recorded in the county record-book G, 
page 350, of the proper records of said county, and 
including the following property (here describe the 
property), and executed by A. B., to me, the said C. 
D., for better securing the payment of his promissory 
note for six thousand dollars, dated on the first day 
of January, a. d. 1856, payable one year after date, 
with interest, at the rate of ten per cent, per annum, 
from date, has this day been fully paid and satisfied; 
and, therefore, every matter, thing, and security con- 
tained in said mortgage, is hereby fully released, and 
the property described therein, together with all its 
rights, is hereby reconveyed to the said A. B., free 
from all incumbrances on account of said debt. 

"In testimony of all which, I have hereunto set 
my hand, and scroll seal, at Matagorda, this third 
day of January, a. d. one thousand eight hundred 
and fifty-seven. 

^ ^' (Signed) C. D. [Scroll.] 

" Signed, sealed, and delivered in presence of wit- 
nesses." 

Liens. 

According to various decisions of our Supreme 
Court, an equitable lien exists, in favor of the vendor, 



124 LEGAL EIGHTS AND REMEDIES* 

against the specific property in the hands of the ven- 
dee, and subsequent purchasers, with notice. 

Statute Liens. 

All judgments of courts of record are liens on all 
real estate in the county of the forum, provided 
executions are properly issued. 

Builders and mechanics have liens, in the nature 
of mortgages, on all buildings which they erect or 
work on, and on the ground on which such buildings 
are erected or worked on, until compensation is made 
to them for such, and for the materials furnished. 
In order to secure this lien, a contract must be made, 
in writing, and recorded within thirty days. 

Every person who furnishes supplies, or does re- 
pairs or labor, for any domestic vessel, has a lien on 
such vessel and her freight money, for the security 
and payment of the same. 

3Iarried Wo7nen. 

"When the homestead is sold, it is necessary for the 
wife to join in the conveyance, and it must be au- 
thenticated in this State, by a Judge of the Supreme 
or District Court, Chief Justice, Notary Public, or 
County Clerk. 

The law requires every married woman to make 
out a schedule of all her separate property, and pre- 
sent the same to the County Clerk, and acknowledge 
it for record. 



LEGAL RIGHTS AND REMEDIES. 125 

Schedule. 

" The State of Texas, 
County of Matagorda. 

"Be it known to all persons whom it may con- 
cern, that I, Julia Dean, wife of Thomas Dean, all 
of the State and county aforesaid, being the true and 
lawful owner of the following property, in my own 
separate right, do make this, my schedule, for the 
purposes of record, viz. (here describe property). 
The same was acquired by me by inheritance from 
my father, Jarvis Subtlet, deceased, late of Munroe 
County, Alabama. 

"And I have made this schedule of all the pro- 
perty which I own in my separate right, for the pur- 
pose of having it recorded, according to law. 

" In testimony of all which, I have hereto signed 
my name, in Matagorda, this first day of July, A. D. 
one thousand eight hundred and fifty-seven. 

"Julia Dean." 

" The State of Texas, l 
County of Matagorda. ] 

"Before me, James H. Selkirk, Clerk of the 
County Court for the county aforesaid, personally 
appeared Julia Dean, wife of Thomas Dean, all of 
the State and county aforesaid, and presented to me 
the foregoing schedule of her separate property for 
registration, and she acknowledo-ed said instrument 
11* 



126 LEGAL RIGHTS AND REMEDIES. 

to be her act and deed, for the purposes therein 
expressed. 

[l. s.] '* To certify all which, I have hereunto set 
my hand and seal of office, at Matagorda, this second 
day of June, A. D. 1857." 

Hemarks and Advice. 

It is always advisable for married w^omen, in this 
State, and more particularly if strangers, when they 
lirst emigrate to it, if they own property in their own 
right, to designate, and cause it to be recorded in the 
proper county. Husbands, like all other human 
beings, are fallible, and liable not only to errors, but 
to all the vicissitudes of fickle fortune ; and the wife's 
ample property too often is made a sacrifice to her 
own negligence in not giving publicity to her sepa- 
rate rights. The expense and trouble are very little, 
and the security which it affords more than repays. 
And it is also a duty, which the husband not only 
owes to his wife and family, but to the public, to 
attend to this matter, so that he may appear before 
the world in his true character and circumstances ; 
not apparently wealthy in property, which really be- 
longs to his wife, and himself, perhaps, insolvent. 
The laws of our State have persistently endeavored 
to protect and guard the rights of married women ; 
but if they will, in despite of such care, keep silent, 
and allow husbands to ^improvidentlj^ control their 
separate property, disastrous law-suits, and even total 
sacrifice, may follow. Therefore, I say to you, let it 



LEGAL RIGHTS AND BEMEDIES. 127 

be properly made public what your separate rights 
are, and there is little danger that they will ever be 
contested ; and, if they unfortunately should, the 
laws and juries of this State will see your rights pro- 
tected. 

The property rights of married persons emigrating 
to this State are governed by the laws of their mar- 
riage domicil. It is true, the existence of the woman, 
by marriage, becomes merged in that of her husband, 
and her rights subject to his control, for better or for 
worse, but the wisdom of our law-makers has pro- 
vided means by w^hich the wife may not only fulfil 
all the behests of her high station, be a dutiful and 
affectionate companion, and still save for herself and 
her progeny her own separate property, without 
doing violence to her proper affections and confi- 
dence. In fact, all the servile wz/e-slavery of the old 
common law has been abrogated here, and a just me- 
dium been established between the severit}^ of that 
and the license of the civil law. By our system the 
conjugal relations are preserved, and the legal re- 
straints are very wholesome checks against improvi- 
dent, reckless, and wicked practices of bad husbands. 

All property purchased during coverture, with pro- 
ceeds of the community, or with the joint or separate 
earnings of husband or wife, even if the conveyance 
be made directly to the wife, inures to the com- 
munity. 

A married woman can, by last will and testament, 
dispose of her separate and her community rights. 



128 LEGAL RIGHTS AND REMEDIES. 

Limitation Laws, 

1. All suits on open accounts, excepting between 
merchant and merchant, must be brought within two 
years. Each item in an open account is the data by 
which to compute the time. 

2. Suits on notes, and other written obhgations for 
money, must be commenced within four years after 
the same became due. 

3. Persons absent seven years from the estate with- 
out being heard from, are presumed to be dead. 

4. When a claim of any kind is once barred by the 
law of limitation, it cannot be revived or taken out 
of the operation of the law, excepting by an acknow- 
ledgment in writing, signed by the person to be 
charged thereby. 

5. Five years of peaceable possession of land under 
color of title, with deed duly proven and recorded, 
bars all other claims, except of minors, femes covert, 
and persons non coynpos. 

6. Peaceable possession of land under a defective 
title, emanating from the sovereignty of the soil, is a 
bar, in tliree years, to adverse claimants. 

7. Any person holding peaceable possession of real 
estate five years, cultivating or using the same, and 
paying tax thereon, under a deed duly recorded, 
secures a good title, precluding all others. 

8. Ten years' peaceable possession, and cultivation 
or use of 640 acres of land, gives the holder a perfect 
title. 



LEGAL RIGHTS AND REMEDIES. 129 

9. All contracts concerning lands and slaves, if not 
to be performed within one year, must be reduced to 
writing, and signed by the party to be charged there- 
with, or by his lawful agent, otherwise the same is 
within the statute of frauds. 

10. All fraudulent conveyances, made for the pur- 
pose of secreting the debtor's property from his 
creditors, are deed-void in law. 

11. When any pretended loan of goods or slaves 
is made to any person, and that person remains in 
possession three years, without demand made on the 
part of the pretended lender, then such property be- 
comes liable for the debts of the borrower. 

12. The adverse possession of a slave, for the term 
of two years, bars the rightful owner's title and claim. 

13. When any person dies against whom there is 
cause of action, the statute of limitations ceases to 
run until twelve months after such death, unless an 
administrator or executor be qualified before that 
time. 

14. In case of the death of any person in whose 
favor there is a cause of action, the statute ceases to 
run, under like circumstances as above.^ 

Supreme Oourt. 

Civil suits are taken from the District Courts to the 
Supreme Court by appeal or writ of error; the former 

1 The filing of a petition in tlie District Court, on any claim, and 
the issuance of process from Justice's Court, are the dates at which 
the limitation stops rvinning; that is, if the claim was not barred 
then, it will be secured from prescription by such acts. 



130 LEGAL RIGHTS AND KEMEDIES. 

must be moved for at the term of the court at which 
the cause is tried, hut the hitter may be prosecuted 
at any time within two years. The jurisdiction of 
this court is appehate, excepting the power to grant 
certain remedial writs. 

It is composed of one Chief Justice and two Asso- 
ciate Justices. 

The terms of the court are as follows : 

At Austin, third Mondays in October, and continue 
nine weeks, or until business is finished. 

At Galveston, first Mondays in January, and con- 
tinue ten weeks. 

At Tyler, first Mondays in April, and may continue 
until first of July. 

District Courts — Collection of Belts, and Remedies. 

There are eighteen judicial districts in the State, 
and the judge of each district holds two sessions of 
court in each county in his district every ^^ear. The 
District Courts have original jurisdiction of all suits, 
complaints, and pleas whatever, without any distinc- 
tion between law and equity, when the matter in 
controversy shall be of the value of, or amount to, 
one hundred dollars, exclusive of interest. 

Causes decided in the justices' courts may be re- 
moved to this court for trial de novo, within ninety 
days, by certiorari, on the party applymg showing, by 
an afiidavit, sufiicient cause to the judge. There is 
no direct appeal from justices' courts. 

Proceedings in the County Courts pertaining to the 



LEGAL RIGHTS AND REMEDIES. 131 

estates of deceased persons and wards, may be re- 
moved to the district courts for revision, at any 
time within two years, by certiorari. 

The district courts are the tribunals where all 
suits for debts of over hundred dollars are brous-ht : 
the district and justices' courts have concurrent juris- 
diction, when the amount is just one hundred dol- 
lars. 

On a promissory note, judgment is usually ren- 
dered at the first term of court, after due service of 
the writ, unless the service were made by publica- 
tion, when two terms of court are required to obtain 
a judgment. 

Judgments on promissory notes bear interest ac- 
cording to the rate stipulated therein — not to exceed 
twelve per cent. 

Immediately after the rising of court, executions 
are required by lav/ to be issued on all judgments 
of the term, and placed in the hands of the sherifi'. 
If the first execution is not satisfied, a new one 
should be issued every six months, or after every 
term of court. Judgments, in this court, are liens 
on all the real estate in the county, provided execu- 
tions are properly issued. Personal property must 
be levied on before lieu attaches : to constitute a 
good levy on the same, actual possession must be 
taken by the sheriff'. All property sold by execution 
is without any appraisement. Sales, by execution, 
of real estate and negroes, are made on the first 
Tuesday of every month, after twenty days' notice, 



132 LEGAL EIGHTS AND KEMEDIES. 

by written advertisements. Personal property can 
be sold at any time, after ten days' notice. 

This court is empowered to issue the summary 
writs of attachment and garnishment. The pro- 
ceeding is as follows : The plaintiff files, in the office 
of the clerk of this court, his petition against the 
defendant, setting forth his cause, in the ordinary 
form ; and if, at any time after such filing, he desires 
a writ of attachment^ and can make affidavit, in due 
form, it will be issued. The causes for granting an 
attachment are: 1. That the defendant is justly in- 
debted to the plaintiff, and the amount of the de- 
mand, and that the defendant is not a resident of this 
State ; 2. Or, that he is about to remove out of this 
State; 3. Or, that he secretes himself, so that the 
ordinary process of law cannot be served on him; 
4. Or, that he is about to remove his property beyond 
this State, and that thereby the plaintiff will proba- 
bly lose his debt; 5. Or, that he is about to remove 
his property beyond the county; 6. Or, that he is 
about to transfer or secrete, or has transferred or 
secreted, his property, for the purpose of defrauding 
his creditors, and thereby the plaintiff will probably 
lose his debt. 

The plaintiff must also, in addition to any of these 
propositions, swear that the attachment is not sued 
out for the purpose of injuring the defendant. 



LEGAL RIGHTS AND REMEDIES. 133 



' I In District Court, 
i. J 



Affidavit, 

"The State oe Texas. 
County of Matagorda. 

*' Before me, E. L., Clerk of the District Court for 
the county aforesaid, personally appeared G. T., the 
plaintiff in a suit now pending in said District Court, 
entitled *ITo. — G. T. vs. A. B.,' who, after being 
by me duly sworn, according to law, deposes and 
says, that the said A. B. is justly indebted to him, the 
deponent, in the sum of (here describe the debt). 
Affiant further says, that the said A. B. is not a resi- 
dent of this State (or any of the other causes), and 
that thereby the plaintiff will probably lose his debt. 
Affiant also swears, that this attachment is not sued 
out for the purpose of injuring the defendant. 

" (Signed) G. T. 

" Subscribed and sworn to before me, this first day 
of May, A. D. 1857, which I hereby certify under my 
my hand and seal of office. 

'^n.'L.— Clerk D.C. 31. a" 

This affidavit may be made by an agent or attor- 
ney for the plaintiff. A bond is required to be filed 
with the affidavit, in double the amount sworn to be 
due. 

The plaintiff may, at any time after filing his peti- 
tion, affidavit and bond, or, at the same time, obtain 
writs of attachment against defendant's property, and 
writs of garnishment against any persons supposed 
12 



134 LEGAL RIGHTS AND IlEMEDIES. 

to be indebted to the defendant, or supposed to have 
any of the defendant's eflects or property. 

The foregoing summary proceedings, it will be 
recollected, are all before judgment; and, if said 
proceedings are improvidently had, the defendant 
may, on the trial, plead damages, in reconvention or 
set-off. 

In ordinary suits for debt or damages, after the 
plaintiff has obtained a judgment, and no property 
can be found whereon to levy an execution, the plain- 
tiff, his agent, or attorney, may have a writ of gar- 
nishment, by applying to the clerk of the court from 
which the execution issued, and making an affidavit. 

Writ of Attachment. 

"The State of Texas to the Sheriff of Matagorda 
County, greeting : 

" We command you, that you attach so much of 
the property of A. B., if to be found in your county, 
repleviable on security, as shall be of value sufficient 
to make the sum of (here insert amount claimed), 
together with the legal interest thereon, from the 

day of ^ , A. D. 1857, and costs, to satisfy the 

demand of G. T., and such property, so attached, in 
your hands to keep and secure, that the same may 
be liable to further proceedings, thereupon to be 
had at our next District Court, to be holden in the 
court-house, in the city of Matagorda, within and 
for said county of Matagorda, on the second Monday 
after the first Monday in October next, so as to 



LEGAL RIGHTS AND REMEDIES. 135 

compel the said A. B. to appear and plead to the 
complaint of the said G. T., when and where you 
shall make known how you have executed this w^rit. 
'' Attest. — 'R. L., Clerk of said District Court. 
Given under my hand and the seal of said court, at 

Matagorda, this day of , A. d. 18 — . 

[L. s.] '' E. L.— Clerk D. a M, C." 

The legal mode of levying an attachment on per- 
sonal property, is by the officer going to the place 
where the property is, and then and there declaring, 
in the presence of one or more credible persons of 
the neighborhood, that he attaches said property as 
the property of defendant. 

Writ of Garnishment, 

" The State of Texas to the Sheriff of Matagorda 
County, greeting : 

"Whereas, G. T., plaintiff, has filed, in the District 
Court of Matagorda county. State of Texas, his peti- 
tion, bond, and affidavit, in a suit against A. D., de- 
fendant, and obtained from said court an original 
attachment against the property of him, said A. B., 
and the said plaintiff having applied to me for a 
writ of garnishment against one C. M., a resident of 
said county : 

"These are, therefore, to command you that you 
summon the said C. M., as garnishee in this case, to 
be and appear, on the first day of the first term of 
our said District Court, to be holden at the court- 



13G LEGAL RIGHTS AND REMEDIES. 

house, in the city of Matagorda, within and for said 
county of Matagorda, on the second Monday after 
the first Monday in Octoher next, then and there to 
answer, upon oath, what he, the said C. M., is in- 
debted to said defendant, or what effects of the de- 
fendant he has in his possession, and had at the time 
of serving this writ of garnishment, and what credits 
and effects there are of the defendant in the hands 
of any other person, and what person, to the best of 
his knowledge and belief. 

"And you are commanded to make return of this 
writ according to the tenor hereof, certifying how 
you have executed the same. 

"Attest: R. L. — Qlerk of said District Court. 

" Given under my hand and seal of office, at Mata- 
gorda, this day of , A. D. 1857. 

[l. s.] " E. Jj.— Clerk B. C. M. Cr 

The form of a writ of garnishment issued after 
judgment, is somewhat variant. 

Writs of Sequestration 

May be issued by judges and clerks of the district 
courts, and justices of the peace, in the following 
cases : 

1. Where a married woman sues for divorce, and 
makes oath that she fears her husband will waste her 
separate property, or their community property, or 
remove the same, during the pendency of the suit, 
out of this State, &c. 

2. When a person sues for the title or possession 



LEGAL RIGHTS AND REMEDIES. 137 

of a slave, or other movable property or chattels, and 
rriakes oath that he fears the defendant, or person in 
possession, will injure or ill-treat such slave, or waste 
such property, or remove the same out of the State 
during the pendency of the suit. 

3. When a person sues for the foreclosure of a 
mortgage, or the enforcement of a lien upon a slave, 
or movable property of any description, and makes 
oath that he fears the defendant, or person in posses- 
sion, will injure or ill-treat such slave, or waste such 
property, or remove such property or slave out of the 
count3\ 

4. "When any person sues for the title or possession 
of real estate, and makes oath that he fears the de- 
fendant, or person in possession, may make use of 
his possession to injure such property, or waste the 
fruits and revenue produced by the same, or convert 
them to his own use. 

5. When any person sues for the title or possession 
of any property from which he has been ejected by 
force or violence, and makes oath to the flicts. 

The person applying for a writ of sequestration, 
must, in all cases, first make afiidavit of sufficient 
facts, and file that, together with his bond, in the 
Court in which his suit is pending. The bond is 
made payable to the defendant for a sum of money 
equal to double the value of the property to be 
sequestrated. 

These proceedings can be had only after petition 
filed in court. 
12 * 



138 LEGAL RIGHTS AND EEMEDIES. 

t 

Form of Sequestration, 

" The State of Texas to the Sheriff of Matagorda 
County, greeting : 

"You are hereby commanded to take into your 
possession the following described property, if to bo 
found in your county, to wit (here describe the pro- 
perty), and it safely keep, subject to the future order 
of our said District Court, unless J. P., who is de- 
fendant herein, or an}^ other person, in whose posses- 
sion all or any of the aforesaid property shall be 
held, shall replevy the same, according to law. 

"Herein fail not, and make due return of this writ 
to the office of the Clerk of the District Court for 
said county of Matagorda, on or before the second 
Monday after the first Monday in October next. 
"Attest: E. L., 

" Clerk of said District Court. 

[l. s.] " Given under my hand and seal of 
office," «&;c. 

Property exeriipt from Forced Sale, 

By the law of 1839, there was reserved to every 
citizen or head of a family, free from execution, fifty 
acres of land, or one town lot, including his or her 
homestead and improvements, not exceeding five 
hundred dollars in value; all household and kitchen 
furniture, not to exceed two hundred dollars in value ; 
all implements of husbandry, not to exceed fifty dol- 
lars in value; all tools, apparatus, and books belong- 



LEGAL RIGHTS AND REMEDIES. 139 

ing to the trade or profes.sion of any citizen ; five 
milch-cows (and calves), one yoke of work oxen or 
one horse (mule), twenty hogs, and one year's pro- 
vision. 

The Constitution of the State of Texas, adopted 
in 1846, altered that portion of the above exemption 
which relates to homesteads, but allowed the other 
portions of the old law to remain for future action 
by the Legislature. 

By the Constitution, " the homestead of a family-, 
not to exceed two hundred acres of land (not included 
in a town or city lot), or any town or city lot or lots, 
in value not to exceed two thousand dollars, is ex- 
empt from execution, and reserved to the famil3\ It 
will be perceived, that by the old law the exemptions 
applied to every citizen or head of a family, and that, 
by the constitutional provision, the homestead ex- 
emption is entirely changed, and only applies to 
heads of families ; the remainder of the old exemp- 
tion law is still in force, and single men avail them- 
selves of it, while heads of families claim under the 
Constitution. 

By the old law, the valuation of the homestead 
applies to the land or lot, and all improvements 
thereon ; by the constitutional provision, the valua- 
tion seems to relate specifically to the soil. The 
owner of a homestead, if a married man, cannot 
alienate it unless by consent of the wife, manifested 
in the conveyance, as I have before shown. Neither 
can the homestead be mortgaged for any debt or 



140 LEGAL RIGHTS AND REMEDIES. 

contract, even if the deed of mortgage be made with 
all the formalities required in an alienation of same 
propert}^, for the reason, that the intent and end of a 
mort^-aofe is iadicial foreclosure, and a forced sale. 

The only mode by which the homestead of a mar- 
ried man can be made to act the part of a collateral 
security, is to get the husband and wife to execute a 
deed of trust on it, with power in the trustee to sell 
on failure of payment. The homestead rights are 
not acquired in a piece of property against the per- 
son from whom purchased, until the property is paid 
for. The husband and wife, although ever so much 
involved in debt, may sell their homestead, and col- 
lect the money therefor, free from hinderance on the 
part of creditors. 

Thus, it is seen, that our laws are paternal and 
equitable, in making wise provisions for the shelter 
and protection of the wife and helpless family from 
the ruthless attacks of ever-vigilant creditors, and 
from the inevitable ruin incident to the conduct of 
dissipated and profligate husbands. In misfortune, 
sickness, and old age, the husband and wife, if they 
have been provident enough, in their prosperity, to 
secure a home, have one sacred retreat, which the 
shafts of creditors cannot reach; debts, judgments, 
and executions, are as paper pellets thrown at a 
castle wall. Nothing conduces so much to the hap- 
piness, patriotism, and independence of a people, and 
to the permanent prosperity and good order of a 
State, as judicious homestead laws. 



LEGAL RIGHTS AND REMEDIES. 141 

The hearthstone of the family, although its mem- 
bers may be bowed down with sorrow and affliction, 
and though dire poverty, misfortune, and distress, 
may have assailed on every side, and even entered at 
the door, becomes an altar for the stricken family 
circle, where hope for brighter days is engendered, 
and parental and filial love soothe the broken spirits ; 
where the holy peace within contrasts strangely with 
the tempest of misery without. Is not that man 
more noble, who can utter, with the intense feelings 
of confident independence — "This domicil, which 
shelters my family, although humble ; this soil, which 
I till for bread, is theirs and mine ; and no power of 
law, or force of circumstances, can WTest it from us"? 

If I had a voice in framing a system of laws, and 
sincerely desired to imbue the people with honest 
principles, to make virtue and industrious habits 
predominate, I would endeavor to exempt from forced 
sale ample homesteads. 

The want of such a protection is a fruitful source, 
in many countries, of vagabondism, crime, and im- 
morality. 

Creditors are too prone to view all exemption laws 
as merely the coverts for rogues and cheats ; but, in 
taking this view of the matter, they are only calcu- 
lating their own immediate losses or gains. 

The inhabitants of a State, who, under adversity, 
are protected from total ruin by homestead laws, are 
far more to be relied on in their contracts, as a gene- 
ral thing, than those who have no such safeguard ; 



142 LEGAL RIGHTS AND REMEDIES. 

and the aggregate of bad debts, broken contracts, 
and absconding debtors, will be much greater under 
the rigid rule of strip a man of all he hath, than under 
the latter system. 

If a few fraudulent debtors are unjustly shielded 
under our good laws, how many more debtors are 
there, who, by their efiect, are enabled to remain 
honest, to eventually extricate themselves from pecu- 
niary involvements, and, in the end, to pa}^ their 
debts ? 

The debtor who has a permanent domicil, and an 
interest in the soil, which he can call the property 
of himself and family beyond all peradventure, how- 
ever much he is buffeted by adverse fortune, still 
maintains a sense of moral dignity and self-esteem, 
that are incentives to retrieve his true position. 

The one system would endeavor to make the un- 
fortunate heads of families enemies to all law, and 
outcasts and lepers of society, while the other fosters 
and encourages them in well-doing, and makes them 
supporters of the laws and institutions of their 
country. One is an enemy of society, the other an 
segis for the well-being of our fellow-citizens, and a 
great advance in the happy results of civilization. 

Much, in times past, has been written and said in 
favor of imprisonment for debt, and the same, and 
no better reasons, may be urged by those relentless 
Jews, who are in favor of abolishing the last earthly 
refuge of unfortunate human nature. Let us, then, 
be thankful, and rejoice that we live under a govern- 



LEGAL RIGHTS AND REMEDIES. 143 

ment of benign institutions, and that the laws are 
not antagonistic to virtue and happiness. Let it J)e 
the first and last solicitude of every head of a family 
to look well to the future protection of those whom 
Heaven has entrusted to their care. Every husband 
should consider it a sacred duty, whether rich or poor, 
to make preparation according to his means, that the 
partner of his joys and sorrows, and his little ones, 
may not, in the event of his early death or ruinous 
misfortune, be cast upon the cold world, homeless 
and unsheltered ; such a fate, superadded to other 
troubles, is sufficient to turn aside from the paths of 
rectitude and morality those tender hearts that before 
knew no guile. Sickness, misfortune, and death, are 
common to all men, and poverty is the normal state 
of all ; affluence is not always the result of well-laid 
plans, and wealth falls only to the lot of a favored 
few. 

The ownership of a homestead imparts to the 
family an independence and self-reliance which the 
mere tenant, and his dependent family, can never 
enjoy; tenancy is a relic oi feudal times; the condi- 
tion of the lower orders, in all despotic and over- 
peopled governments ; and no family, in a country 
like this, should occupy so degraded a position. 

County Courts, 

Each county has its county court, which consists 
of a chief justice and clerk, and has jurisdiction in 
all matters concerning the probating of last wills, 



144 LEGAL EIGHTS AND RE^MEDIES. 

granting letters of administration, letters of guardian- 
sljip and settlement, and supervision of deceased per- 
sons' and minors' and lunatics' estates. 

The clerk is also recorder of deeds, mortgages, and 
all other instruments of writing which require to be 
recorded. 

This court holds its sessions on the last Mondays 
of every month. 

All claims, of whatever nature, against deceased 
persons' estates, must be sworn to by the owner or 
agent, and presented to the administrator or executor 
thereof, within twelve months after the grant of ad- 
ministration or executorship, for acceptance. After 
approval, they must be presented to the chief justice 
for approval; and, if not presented w^ithin twelve 
months, such claims are postponed until the payment 
of all those presented within due time. 

If a claim be presented, duly authen-ticated, to an 
executor or administrator, and he or she rejects it, 
then the owner of such claim must bring suit in the 
district or justice's court (according to amount) within 
three months, or the claim is barred. 

"When a judgment is rendered against an estate 
on a money claim, it runs that the same be paid in 
due course of administration, and no execution can 
be issued. 

Justices' Courts, 

Each county is divided into a convenient number 
of justices' precincts, and two justices are elected for 



LEGAL RIGHTS AND REMEDIES. 145 

each precinct. They are designated Class No. 1 and 
Class 1^0. 2. No. 1 holds court on the first Saturday 
of every month for civil business, and No. 2 on the 
last Saturday. 

" All civil suits can be brought in this court where 
the amount or value does not exceed one hundred 
dollars, exclusive of interest and costs. 

The trials and proceedings in this court are con- 
ducted with very little formality, and it is very unu- 
sual that any written pleadings are filed. The rules 
of evidence are the same as in district courts. 

This is not a court of record. 

Justices of the Peace have jurisdiction as at com- 
mon law, to comprehend all vagorem men, and are 
general conservators of the peace and good morals. 

Promissory Notes, 

In a country of such vast extent as Texas, with 
such varieties of soil, climate, and production, offer- 
ing so many and such various inducements for trade, 
speculations and employment, men frequently change 
their abiding places, and perhaps the person whom 
you, six months ago, contracted with, in one of the 
seaboard counties, is now a resident of the most ex- 
treme portion of the State, ^yq or six hundred miles 
distant; and this distance, with our facilities of com- 
munication, is as much here as so many thousands 
of miles in some other regions. 

And it frequently becomes very inconvenient for 
the creditor to follow up his debtor, and be obliged 
13 



146 LEGAL RiaHTS AND REMEDIES. 

to sue, under great disadvantages, in a remote county 
from the one of the contract. In order to obviate 
this, the law has provided that where a person con- 
tracts to pay or perform in a particular county, he 
may be sued in that county, or in the county of his 
domicil ; therefore, in taking a promissory note, or 
other obligation, it is better to pursue a form that 
will secure this advantage. 

Form, 

" Matagorda, Texas, July 1, 1857. 
"750-00. 

" Twelve months after date, for value received, I 
promise to pay to Richard Eoe, or order, the sum of 
seven hundred and fifty dollars, with interest, at the 
rate of ten per cent, per annum, from date, until 
paid. And I hereby further agree to pay this note 
in the city and county of Matagorda. 

"(Signed) John Doe.* 



CHAPTER XIII. 

LANDS: HOW THEY ARE ACQUIRED IN TEXAS. 

The State of Texas holds the eminent domain of 
all the public lands within her limits ; and all titles 
to lands, since the Declaration of Independence, have 
issued directly from the government. 

The United States have no authority over, or rio^ht 
of interference in, our land system ; and, ^so far as 
that is concerned, we are still an independent nation. 
The vast extent of our public lands, over and above 
all liabilities, constitutes a fund which places Texas, 
in point of wealth, far in advance of all the other 
States. It is true that this is, at present, dormant 
capital, but increasing in money value ; and can, at 
any time, by legislative enactment, be called into 
active use. The land-grants of Texas are divided 
into two great classes: the first consists of specifically 
designated lands, granted directly by the sovereignty, 
or a subordinate authority, to the individual. ^The 
second class consists of inchoate rights to lands, evi- 
denced by certificates and scrip, issued from various 
departments of government, on paper, calling for a 
certain number of acres; and entitles the holder or 

(147) 



148 LANDS. 

owner to locate and appropriate any of the public 
domain, not otherwise withdrawn. These certificates 
and scrip are evidences of debt against the govern- 
ment, payable in land when applied for. 

The first species comprises all the land titles ema- 
nating from Spain, Mexico, and the Empresario 
grants to colonists, and are all in the Spanish lan- 
guage, under rights accruing previous to March 2, 
1836, at which time Texas was declared an indepen- 
dent republic. On Nov. 13, 1835, the land-offices 
were closed, by the Provisional government, and all 
land transactions were suspended ; but the Empre- 
sario contracts were in force until the severance 
from Mexico; that is, colonists were allowed to be 
introduced, up to that date, under their supervision. 

On Dec. 22, 1836, a general land-office was esta- 
blished, at the seat of government, the chief officer 
being named commissioner: this officer was em- 
powered to execute all acts touching the public lands, 
and had the custody of all books and archives con- 
cerning the same ; and all the documents in posses- 
sion of the various Empresarios were ordered to be 
transferred and filed in this office. 

The commissioner also became the only source 
from which government titles or patents could issue, 
and they were to be countersigned by the President 
of the Eepublic. 

Texas was also divided into land districts, with a 
subordinate land-office in each : a surve3'0r-general 
was appointed for each district, who had deputies, to 



LANDS. 149 

perform the public surveying: there was also a register 
and receiver for each ; and any person who was en- 
titled to land could have the same surveyed, by ap- 
pearing before the register and receiver, and making 
proof of his or her right: the survey, after being 
made, is sent to the general land-office, for patent. 

Soon after, all the functions of the several land- 
offices were suspended, by different laws, until the 
first Thursday in January, 1838 ; and, by the subse- 
quent act, opening the land-office, the whole system 
was remodelled, and the very expensive machinery 
heretofore in use abolished. Up to this time, no 
land certificates had been issued, excepting to soldiers. 

The new system established in every county a 
board of land commissioners, whose duty it was to 
investigate the rights of applicants for head-right 
certificates, to take testimony, and to issue or to 
reject: if rejected, the claimant had the right of 
appeal to the next term of the District Court for the 
county. Head-right certificates, issued by these 
boards, could be located on any of the public do- 
main, provided that persons having head-rights, by 
emigration, before March 2, 1836, had a right to 
make selections six months previous to those who 
emiorrated after that time. 

All persons entitled to lands, and who had pro- 
cured surveys to be made, previous to the closing of 
the general land-office, in 1835, but who had not 
received titles, were entitled to patents for the same. 
The head-right certificates, issued by the foregoing 
13* 



150 LANDS. 

local boards, I shall, for convenience, designate as 
first-class and second-class — the latter of which had 
certain conditions attached. 

On January 29, 1840, Congress passed a law, 
making two boards of travelling land commissioners, 
consisting of three persons each, who visited every 
county, and examined the records of the local boards, 
and took testimony concerning each head-right cer- 
tificate which had been issued : they then reported to 
the general land-ofiice, recommending for patents all 
certificates which they had adjudged good, and reject- 
ing all which could not, or were omitted to be, satis- 
factorily reproven to them. Many persons, honestly 
entitled to their certificates, lost them, by the death 
or absence of the witnesses by whom they first esta- 
blished their rights, before the local boards — not 
having anticipated this readjudication of rights which 
they deemed fully vested by law. 

It is true, the travelling commissioners reported 
to the general land-office the good and the rejected 
certificates ; but the certificates themselves not being 
before them, in their investigations, those that were 
condemned, on their face, appeared, to the uninitiated, 
as fair as those that were recommended; and hun- 
dreds of persons, both in Texas and the United States, 
were deceived and defrauded, in purchasing them ; 
and many such are still afloat. There is no doubt, 
that the local boards, being influenced, in some in- 
stances, by gain, and, in others, through carelessness, 
issued many land certificates to persons not entitled, 



LANDS. 151 

or on very frail proof; but it was far better that the 
government should suffer, through its agents, than 
that individuals should be imposed on by the govern- 
ment, acting through persons of its own selection. 

Claimants whose head-right certificates had been 
rejected by the travelling board, had, until July, 
1847, a right of appeal to the district courts, or, 
more properly, of suing the State in said courts; 
and, by a recent act, they can now bring their cases 
before the Court of Claims, at Austin. 

Under the colonization laws, every head of a 
family, whose occupation was farming and stock- 
raising, was entitled to a league and labor (4605 
acres) ; if only stock-raising, one league (4428 acres). 
Every single man was entitled to one-fourth of a 
league (1107 acres); but it was very common for 
two single men to unite, call themselves a family, 
and obtain a whole league : these latter grants are 
now considered beyond investigation. The land 
claims issued by Texas, since she became discon- 
nected from Mexico, are head-right certificates, mili- 
tary certificates, land-scrip, which was sold by agents 
of the Eepublic of Texas, various premium certifi- 
cates, school certificates, public improvement certifi- 
cates, and colony head-right certificates. 

Persons who were living in Texas at the date of 
the Declaration of Independence (March 2, 1836), 
were considered citizens; and all citizens Hving in 
Texas at the adoption of the Constitution (March 
17, 1836), and who had not received their laud. 



152 LANDS. 

were entitled to it, in like manner as the colonists 
of the Empresarios. Volunteer soldiers, who arrived 
in Texas between March 2,-1836, and August 1, 
1836, and had received honorable discharges from 
the army, were entitled to head-rights, in the same 
proportion as the original colonists. 

Of Head-rights^ First Class. 

1. Every head of a family, where the family re- 
sided in the country, was entitled to a head-right 
certificate of one league and labor of land. 

2. Every single man, of the age of seventeen years 
and upwards, was entitled to a head-right certificate 
of one-third of a league. 

3. All persons who had, under any of the coloni- 
zation laws, received their leagues of land, as heads 
of families, and their quarter of a league, as single 
men, were entitled to an additional quantity, viz., 

^enough to increase the league to one league and 
labor, and the quarter of a league to one-third : this 
being an additional grant of 177 acres to the mar- 
ried man, and 369 acres to the single man. 

4. Single men, who were in Texas on March 2, 
1836, and who were entitled, under the Constitution, 
to one-third of a league of land, became, by marry- 
ing, before Dec. 14, 1838, entitled to an augmenta- 
tion of two-thirds of a league and one labor, or 3128 
acres, additional. 

5. By a law passed Dec. 18, 1837, all persons who 
had then been permanently disabled in the military 



LANDS. 153 

service of Texas, were each entitled to one league 
and labor of land [extra) — the certificates for which 
were to be issued by the local boards. 

The local boards had no authority to issue any of 
the foregoing land certificates, after the second Mon- 
day in March, 1840. 

The head-right certificates of the first class had no 
subsequent conditions attached. 

Of Sead-rights, Second Class, 

Every single free white man, who was not entitled 
to a head right of first class, provided he arrived in 
Texas previous to Oct. 1, 1837, was entitled to a con- 
ditional head-right certificate of 640 acres, and every 
head of a family to a conditional certificate of 1280 
acres. The conditions were, that the grantee, and 
his family, should remain in the country three years, 
and do and perform all the duties required of other 
citizens ; after which time, the grantee was entitled 
to an unconditional certificate. 

All of the second class of claimants who were 
single men, and had married before 1st October, 
1837, were entitled to an additional certificate of 640 
acres, making the same amount as to persons who emi- 
grated with their families. 

On the 15th January, 1841, local boards were or- 
ganized for the purpose of issuing unconditional cer- 
tificates to all those persons who had received condi- 
tional certificates of second and third classes. 

By a subsequent amendment, these boards became 



154 LANDS. 

empowered to issue unconditional certificates of the 
second and third classes, to all persons who had be- 
come entitled by length of residence, without ever 
having obtained conditionals : the applicant was 
obliged to make proof as foregoing. 

By a law of 1848, the local boards were prohibited 
from issuing any land certificates, excepting to those 
persons who had, under previous laws, obtained con- 
ditional certificates. 

Up to the first day of February, 1856, there were, 
with certain intervals, local boards of land commis- 
sioners in every county, which tribunals were empow- 
ered to issue unconditional land certificates (only). 

Of Head-Rights — Third Class. 

Heads of families, who emigrated to Texas with 
their families, after October, 1837, and before the 1st 
day of January, 1840, were entitled to head-rights 
of 640 acres, and single men to half of the amount. 

The conditions for third class were the same as in 
second class; provided, that no sale of a conditional 
certificate of the third class was valid. 

The act granting third class head-rights speaks of 
a conditional and unconditional grant of land ; does 
not use the word certificate ; still the boards of com- 
missioners issued land certificates under the law, in 
the same form as second class head-rights. I think 
the Legislature intended that the emigrants should 
select their quantum of land from the public domain, 
and procure it to be recognised in some way by the 



LANDS. 155 

local boards ; and, after a residence of three years, 
that they should be entitled to an unconditional title 
for the specific land. Unconditional certificates were 
granted on third class conditional certificates until 
February 1st, 1856. 

Of Sead-RigJits^ Fourth Class, 
Heads of families, emigrating with their families 
after the first of January, 1840, and before the first 
of January, 1842, were entitled to conditional head- 
right certificates of 640 acres each, and single men 
to half the amount. Conditions same as in the fore- 
going. 

Of Military Land Claims, 

All persons who performed military services under 
the Eepublic of Texas, in any regularly organized 
company, up to 1838, were entitled to land certificates 
in the following ratio, over and above their head- 
rights, viz : For three months' services, 320 acres ; 
for six months, 640 acres; for nine months, 960 
acres ; for twelve months, or more (in one tour of 
duty), 1280 acres. 

Of Special Military Grants. 

1. All soldiers who were in the battle of San Ja- 
cinto (April 21st, 1836), were entitled to extra land 
certificates for 640 acres each, called donation. 

2. The soldiers who took part in the reduction of 



156 LANDS. 

Bexar (December, 1835), were entitled to land certi- 
ficates of 640 acres each. 

3. Those who w^ere in the action of March, 1836, 
under the command of Cols. Fannin and Ward, were 
entitled to land certificates of 640 acres. 

4. The heirs of those who fell at the Alamo, under 
Bowie and Travis, were entitled to like extra amount. 

The heirs of the above men who were single, were 
entitled in all, including head-right, to 4036 acres, 
and, if married, to 7165 acres. The recipients of 
donation certificates were at first prohibited from sell- 
ing or assigning them ; but the law has been repealed, 
and they now stand on the same footing of other cer- 
tificates. 

Soldiers' land certificates, of the various kinds, are 
a large and truly meritorious class of claims against 
the public domain, but, by the destruction of the 
adjutant general's ofiice, in 1855, and the law esta- 
blishing the court of claims, much distrust and diffi- 
culty has been thrown around them, while other 
kinds, of an inferior grade of merit, have been more 
favored. 

Of Locations and Surveys. 

1. A land certificate of any kind may be located 
in two tracts, and the owner receives two separate 
patents. 

2. District surveyors are allowed $3 for every lineal 
mile actually ran. 

3. The State is divided into thirty-six surveyors' 



LANDS. 157 

districts, and each district includes several counties, 
and has a public surveyor. 

4. A person having a land certificate, and being 
desirous to locate it, writes a description of the vacant 
tract of land that he selects, and hands it, together 
with his certificate, to the surveyor, whereupon it is 
surveyed. 

5. All locations and surveys must be returned to 
the General Land Office within twelve months after 
location, or both certificate and land become forfeited. 
A certificate once located can never be raised. 

6. Agents charge for locating, surveying, procuring 
patent, and paying all expenses, one-third of the 
land, or fifteen cents per acre. 



14 



CHAPTEE XIV. 



COURT OF CLAIMS. 



On the 1st of August, 1856, our Legislature passed 
a law establishing a Court of Claims, which is a tri- 
bunal of unprecedented and most extensive and arbi- 
trary power. All land claims come under the scru- 
tiny of the commissioner of this court, and are by 
him to be examined and re-adjudicated on, excepting 
head-rights, of the first and second classes, which 
have been passed on by the travelling boards, and 
excepting certificates issued to colonists of Peter's, 
Mercer's, Castro's, and Fisher and Miller's colonies, 
and the premium certificates of said colonies, and 
some few other special certificates of modern in- 
vention. 

All persons who were entitled to land claims, under 
any of the laws granting head-rights or military land 
certificates, and who never received their rights, may 
obtain the same by making the like proof before the 
commissioner, that would have entitled them by the 
respective laws under which they claim. The claim- 
ant must also prove identity. The applicant and 
witnesses, if claiming in any other way than by heir- 

(158) 



COURT OF CLAIMS. 159 

ship, must appear in person before the court at Aus- 
tin, which makes the business rather unprofitable; 
the appropriate record evidence must also be made. 

All persons holding any kinds of land certificates, 
excepting first and second class head-rights, and colo- 
nists' and special civil certificates, must present them 
to the commissioner of claims, for examination and 
registration, within two years from the 1st day of 
September, 1856, or they will be forever barred from 
location and patent, and, in fact, become of no value. 

All persons having land certificates, or any interest 
in such property, should bear this in mind ; the time, 
even now, is too short, and many will be severe suf- 
ferers by their neglect or want of information. 

Even those land certificates that have been located, 
surveyed, and returned to the General Land Office 
long since, if they had not been patented on the 
passage of this law, are subject to all the conditions 
and restrictions therein contained. 

It was the common practice, where a man sold his 
claim to a military certificate before its issuance, for 
the adjutant general, on proper evidence, to issue the 
certificate to, and in the name of, the assignee, and 
land certificates made out and issued in this manner 
have always been considered valid; and the Com- 
missioner of the General Land Office has, heretofore, 
when such certificates were located, surveyed, and 
returned to his department, without hesitation al- 
ways issued patents in the name of the assignee. 
Hundreds of such certificates have been issued by a 



160 COUET OF CLAIMS. 

high functionary of government, running through 
several years, and have entered into man}^ business 
transactions, passing from assignee to assignee by the 
various mutations of trade and speculation ; and they 
were issued in consideration of the valuable services 
of a meritorious class of persons, and by them trans- 
ferred for an adequate payment. But now, the 
assignees of such land claims, unless they have caused 
them to be located and patented, will, very likely, 
become losers. And I do not see any cause why the 
patents themselves should not be set aside as void ; 
for, if the claim in its inception were void, no execu- 
tive action can amend it. The reasonable conclusion 
is, that all patents for lands, issued to assignees of 
soldiers' certificates, which come under the prescrip- 
tions hereinafter set forth, are by law void ; therefore, 
many persons who are holding patents, and esteem- 
ing them conclusive titles to lands, may be reckoning 
on empty shadows as evidences of property. In 
order to a better understanding of the subject, it will 
be necessary to state the case more fully. Formerly, 
any person who was entitled to a military land certi- 
ficate could sell his claim, and, by delivering the evi- 
dences of his services to the purchaser, and the deed 
of conveyance, the transfer became complete; the 
latter then sent his evidences of title to the adjutant 
general, who thereupon issued to the purchaser, as 
assignee, a land certificate. During the summer of 
1855, the adjutant general's office, together with all 
the archives, muniments of titles, and muster rolls, 



COURT OF CLAIMS. 161 

were burned and completely annihilated, not only 
wiping out all the record evidence of the military 
services w^hich had been rendered to Texas, in the 
time of her necessities, but destroying what is now 
considered legal evidence of assignees' titles, viz., 
the muster-rolls on which the original claimants 
based their claims, and the written transfers and 
conveyances to assignees. 

This catastrophe was and is a dire calamity to 
many persons, and one which the legislature, instead 
of endeavoring to alleviate, have, by their action, 
aggravated and taken advantage of, and made it a 
source of embarrassment to all persons having any 
interest in military land claims. The destruction of 
the military archives cannot be considered among 
the inevitable providences of God wdiich, at times, 
afflict all nations; neither can it be considered an 
unavoidable accident, under common precaution; 
but one of gross and culpable carelessness, or, more 
properly, of the most criminal neglect, showing an 
utter disregard and contempt, by those in power, for 
the rights of the people. These archives were stored 
(not even sheltered) in an old, rickety, infirm log- 
hut, of contracted dimensions, such as had been 
built by some squatter, in the early settlement of the 
country ; affording but questionable protection against 
the weather, and no security from casualties by fire, 
or premeditated destruction or abstraction, for pur- 
poses of fraud. While thousands upon thousands 
were lavished by our servants on costly furniture and 
14* 



162 COURT OF CLAIMS. 

gorgeous drapery, this important department of 
government, second to no other as a custodian of 
the people's rights, was consigned to a log-cabin — a 
hovel amid oriental public palaces. 

The poorest county in the State would not trust 
its comparatively unimportant archives so recklessly. 
JSToWj the law establishing the Court of Claims, among 
other absurdities, requires a greater strictness, and is 
far more stringent towards military claimants, than 
ever was before dreamed of; and it says that all 
militarj^ land claims, before being patented, must be 
presented to the Commissioner of the Court of 
Claims, for examination, registry, and approval. 
When a military certificate is presented for said 
purposes, and the Commissioner has in his office 
any record, or paper, showing the certificate to be 
a genuine one, or, if the evidence of at least two 
credible witnesses, taken in open court, or before 
any officer in this State, using a seal, is produced to 
him, that it is a genuine one, he shall file such evi- 
dence, and shall write across the face of the certifi- 
cate the word '^ approved,'' with the date of its ap- 
proval, and sign his name thereto. ""Provided, how- 
ever, that he shall withhold his approval from any 
bounty or donation certificate, issued to an assignee 
since the 2^th day of Novemher, 1851, until the 
genuineness of the assignment, and the identity and 
residence of the parties and witness thereto, shall he 
'proved by at least two credible witnesses thereto.'' 
Now, this is most solemn mockerj^, or a farce : after 



COURT OF CLAIMS. 163 

having destroyed the evidences of the assignment, 
they now tell the assignee to show his original title : 
his rights, acquired under one law, are divested 
under another enactment of superior wisdom ; but 
he is told that, if he can perform an impossibility, 
he may still be secured. 



CHAPTER XV. 



ITINERARY. 



MILES. 

Powder Horn to Lavacca 16 

" Victoria 46 

" Yorktown 81 

" Sulphur Springs... 121 

" San Antonio 151 

Victoria to Quaro 40 

" Gonzales 80 

" Lockhart 110 

« Austin 145 

Powder Horn to Goliad, via Victoria 68 

Victoria to Goliad. 28 

Goliad to Yorktown 22 



MIIES. 

Goliad to Clinton 28 

" Gonzales 54 

" San Antonio 90 

" Helena 36 

« Kefugio 28 

« San Patricio 56 

" Corpus Christi, via Refugio 68 
" Brownsville Dist., via San 

Patricio 216 

« Bio Grande City 206 

" Lanedo 117 

Matagorda to Galveston 90 



RIVER ROUTES FROM GALVESTON. 
UP THE BRAZOS RIVER, 



To the mouth 

Calvert's 3 

Cashe's 7 

Crosby's 4 

Payne's 9 

Brazoria 4 

Columbia 12 

Sayre's 3 

Tinsley's 8 

Hill's 3 

Towne's 2 

Port Sillivan 60 

Bolivar 1 

Menard 3 

Lobdell's.. 40 

Manadue's 4 

Big Creek 2 



MILES. MILES. 

60 ToWaters's.. 16 

3 Richmond 20 

Gaston's 22 

Randon's 45 

San Felippe 45 

Crump's 8 

Caney 30 

Groce's 8 

Peebles's 4 

Lancaster 30 

Warren 2 

Rock Island 40 

Washington 27 

Hidalgo 6 

Cole's 70 

Munson's Shoals 40 

Moseley's -... 25 

(164) 



ITINERARY. 



165 



UP THE TRINITY RIVER. 



MILES. 

To Liberty 104 

Green's Ferry 6 

Hardin's 22 

Robinson's 20 

Tanner's 3 

J. DaTis's 8 

Farrior's 12 

Troy 18 

Cherry's 1 

Bray's Camp 2 

Smithfield 18 

Washington's 1 

Drew's 4 

Summers's 5 

M'Cardles's 1 

R. Smith's 2 

Cochran's q 

Cedar Landing 2 

Victory 4 

Swartwout 2 

Johnson's Bluff 35 

Ilarrell's Landing 10 

Patrick's Ferry 15 

Jones's 4 

Fry's 6 

Kyon's 4 

Sol Adams's 3 



MILES. 

To "Whiterock 12 

Carolina 5 

Mrs. M'Don's 5 

Evans's Gin 2 

Stubblefields 8 

M'Kinzie's q 

Wright's Bluff. -. 13 

Cincinnati 3 

Gorce's Landing 10 

Osceola 1 

Westmoreland 20 

Clark's Bluff. 3 

Bobbin's Ferry 10 

Bosman's q 

Cairo iq 

Alabama 15 

Br'kfiel's Bluffs 20 

Moore's Old L 2 

Kickapoo Shoals 10 

Hall's Bluff 3 

Navarro ; 32 

Magnolia 31 

Blackshears's 10 

Parker's Bluff. 15 

West Point iq 

Evans's 12 

Pine Bluff. 15 



CHAPTER XVI. 

GENEKAL VIEW OF COAST, FACE OF COUNTRY, ISLANDS, 
TIMBER, HEALTH, RESOURCES, ESTACADO, MINERALS, 
AND RAILROADS. 

The coast of Texas, along the Gulf of Mexico, 
is invariably low : no high lands are to be seen, on 
the coast, from the .Sabine to the Rio Grande : on 
the shore, sea-shells and flat sand-stones are to be 
found. The stones are scattered along the coast, 
from the former river to within about thirty miles 
east of Passo Cavallo, evidently showing, in places, 
at no great depth, an underlying of sand-stone rock, 
of a grey or yellow color. isTo stones are found on 
the coast, going west from that point, but there is 
black mica ; and, on Del Padre's island, it is so 
abundant, that ship-loads taken from there would 
make no sensible diminution. More than three- 
fourths of the whole distance of sea-coast is lined 
with long narrow islands or peninsulas, running pa- 
rallel with the main land, and forming large, irregu- 
lar, and shallow bays. These lands are made by 
accretion, and are yearly enlarging, under ordinary 
circumstances; but sometimes one of the West Indian 

(166) 



GENERAL VIEW OF THE COUNTRY. 167 

hurricanes alters their configuration. The city of 
Galveston is founded on one of the smallest and 
most unsafe of these accretions. They are all inha- 
bited by small farmers and stock-raisers, and are 
much resorted to, in the summer months, by inva- 
lids. All kinds of fish and game are abundant. 
The bays so formed are the receptacles of all the 
rivers in Texas, excepting the Brazos and Del !N"orte. 
The back country is level, and much prairie, with 
timber on the river bottoms, l^o rock is to be found, 
excepting seventy or eighty miles from the coast. 
The rotten sand-stone is the first met : it crops out 
on the river blufis. The eastern portion of the State 
has more favorable seasons than the country west of 
the Guadalupe : from thence to the Eio Grande, the 
want of rain is frequently the cause of a failure of 
crops, and to such a degree, that settlers are fre- 
quently induced to change their locations to more 
inland regions: in general, the farther from the sea- 
board, the more sure are the seasons, for the farmer. 
For health, the western portion of the State has 
always been unequalled by any part of the world — 
the dryness of the climate not admitting of mias- 
matic diseases. 

The water-shed of the country is to the south-east; 
and, although the prairies are, to the eye, extremely 
level, all the main rivers are rapid. 

Pine and cj'press are in inexhaustible quantities, in 
the eastern portion of the State, on the Sabine, JSTe- 
ches, Trinity, San Jacinto, and their tributaries ; and 



168 GENERAL VIEW OF THE COUNTRY. 

the lumber trade with the sea-board towns is exten- 
sive. The other kinds of timber, pretty generally 
diflused, are many kinds of oak, tapulo, gum, ash, 
peccan, hackberry, and cedar. Live-oak commences 
on the Brazos, and extends westwardly to the Kio 
Grande. The mezquit timber is west of the Guadahipe. 
The richest lands in the State are between the 
Colorado and Brazos rivers, and on small creeks or 
beds of rivers not subject to overflow, such as Caney, 
San Bernard, and Peach Creek: on these water- 
courses are over 500 square miles of alluvial bottom- 
land, which is never, under any circumstances, sub- 
ject to overflow ; but this part of the State settles 
up slowly, as the lands are held in large tracts : the 
health of this region is generally good, to those who 
have any prudence. I have no doubt that the cattle 
grazing has conduced much to this efi'ect; for, when 
the country was first settled, the prairie-grass and 
cane-bottoms were of the rankest and densest kind : 
now, the vegetation is kept down more by the great 
number of cattle and frequent fires, and the mala- 
rious influences thereby weakened. There are no 
minerals, on the sea-board, excepting salt, which, in 
the western portion, is in inexhaustible quantities. 
The salt region commences beyond the San Antonio ; 
but its access to market is so obstructed, by shallow 
bays, that it has not been much appropriated ; other- 
wise, could a good conveyance be had, it is the best 
salt region on the i^orth American continent. Timber 
is scarce in that locality. 



GENERAL VIEW OF THE COUNTRY. 169 

The middle portions of the State are all of an un- 
dulating description, called here rolling prairie ; which, 
for beauty of scenery, are not exceeded by any State 
in the Union, and is considered more healthy than 
the planting region of the sea-board. 

The north-west portion of the State, called the 
Prairie Estacado, and between that and the Rio 
Grande, including 100,000 square miles, is useless, 
unsettled, and will remain so for years to come : its 
want of water, and want of ways of access, will keep 
these lands for a long time out of market : they pos- 
sess the qualities required for cultivation : timber is 
scarce in the eastern part. That portion west of the 
Pecos is partly timbered : this is a bold, deep stream, 
and empties into the Rio del Korte. This region is 
not less than 2500 feet above the level of the sea ; 
and the whole will be brought into notice, and ren- 
dered valuable, if the Southern Pacific railroad be 
built — of which, at present, there seems to be no 
kind of doubt. The road is intended to run through 
the southern portion, from east to west ; and, should 
it be constructed, as the ranges of mountains are 
north by east, and the valleys of fifty miles in width 
being level, such a railroad would open this almost 
unknown region to the uses of our people. Not one 
of the least of the great advantages of this important 
national work, would be the development of our 
mineral wealth : copper, silver, and coal, are known 
to exist, in several localities; but their value and 
quantity have not been ascertained. Iron of superior 
15 



170 GENERAL VIEW OF THE COUNTRY. 

quality is abundant in the eastern portion of the 
State. Our mineralogical knowledge of the country 
is very circumscribed; and research should be, in 
some way, stimulated. No State or country in the 
world is more favorably situated for building railroads 
than Texas — the country being generally level, and, 
where there are inequalities in the surface, the rises 
and descents are generally gradual and moderate. 
So well adapted for common roads is it, that wheel- 
carriages traverse in every direction, without any 
regard to beaten tracks ; and we have no rises, with 
bottomless morasses, or impassible mountain gorges ; 
and most of the extensive surface is more like an 
English lawn, on a large scale, with its romantic 
concomitants of streamlet, dell, and slope, dotted 
and skirted, here and there, w^ith its groves and 
forests, in primeval grandeur and luxuriance. 



CHAPTER XYII. 



NAMES OF DECEASED LAND CLAIMANTS. 



!N"ames of certain persons who died in Texas, in 
early times, and whose heirs are entitled to claims 
for lands — some of them to between four and five 
thousand acres. I have in my possession the evi- 
dences of hundreds of other claimants, which will, 
from time to time, be published. 



Adams, J. M. 

Allen, Layton. 

Allison, Alford. 

Armstrong, Wm. S. 

Atwell, William. 

Austin, Andrew; from New York 

or vicinity. 
Bagly, J. S. 
Baker, Stephen. 
Barton, J. B. 
Barton, John. 
Betts, Marvin. 
Bond, Burr S. 
Bray, Lister J. H. 
Bright, John. 
Brown, William S. 
Brown, W. A. J. 
Buller, Bennett. 
Bm-k, Allen. 
Burk, David N. 



Burknapp, Leonard ; from N. Y. 

or Pa. 
Caligrom, John. 
Calk, James. 
Carlisle, G. W. 
Churchill, Thos. S. 
Chinn, John. 
Coglan, Geo. W. 
Coleman, Jacob. 
Comstock, Wm. 
Conrad, Collin. 
Conway, Matthew. 
Courtman, G. F. 
Crittenden, Marshall P. 
Cross, John. 
Cunningham, John D. 
Dearick, George. 
Dickinson, W. 
Donal, John 0. 
Dubose, Wm. P. B. 

(171) 



172 



NAMES OF DECEASED LAND CLAIMANTS. 



Dwenny, N. J. 

Dyer, George, 

Edich, Henry. 

Eddy, Andrew H. 

Ehernberg, Herman 

Ellis, Michael. 

English, Robert. 

Equinon, Conrad, 

Fanning, John; in 1837, had a 
family in Texas, who left. 

Fisher, J. H. 

Freppard (or Treppard), Francis 
J. ; printer, from Tenn. 

Green, Wm. J. 

Hamilton, James. 

Harris, William, 

Hasty, Henry. 

Hatfield, William. 

Heck, C. F. 

Hitchard, John. 

Hughes, Wiley. 

Johnson, Charles. 

Kelly, James. 

Kenyon, A. D. 

Kissam, P. F. 

Landus, J, H. 

Lloyd, Daniel ; from N. Y. city. 

Lynch, A. M. 

Mann, William. 

M'Hugh, Michael (Irish) ; for- 
merly a merchant here, 

M'Lellan, Alexander, 

M'Murray, William. 

M'Nelly, Bennett. 

M'Night, George. 

Numlin, John. 

Oldum, Benjamin. 

Paine (or Payne), George ; from 
Clark CO., Ga. 



Patterson, Samuel C. 

Pierce, Stephen. 

Powers, J. M. 

Reed, James. 

Rush, Gabriel. 

Ryan, Edward. 

Seward, John. 

Schultz, Henry. 

Scott, James (sailor), was 
wounded in Texan army: 
died in New York city, in 
1836: his widow, Mary 
Scott, was in Texas, but 
returned to New York, in 
1838, with Captain Higgins. 

Smith, Henry. 

Smith, Thomas. 

Stephens, William. 

Stewart, Charles. 

Syers, Daniel. 

Taylor, Edward M. ; left here, 
in 1838, in bad health, for 
New England. 

Tresvuuts, . 

Volickman, J. Q. 

Walters, Nicholas B. 

Ward, John. 

Watson, Joseph W. 

Webb, James, 

Wentworth, William. 

Winningham, William. 

Williams, T, J. 

Williams, Joseph. 

Winns, James C. 

Witt, Hughes. 

Wood, W. P. 

Wrenn, Allen. 

Wyatts, Peyton S, 



I 



» 



NOTICE. 173 



NOTICE. 



Persons claiming as heirs to any of the foregoing, or having any 
other legal business, in Texasj which they desire attended to, will be 
promptly answered by addressing me. 

D. E. E. Braman. 
Matagorda City, Matagorda \ Attorney and Counsellor at Law. 

County, Texas. j 

REFERENCES. 
Hon. James C. Wilson, Comm. Court of Claims, Austin ; Hon. Ste- 
phen Crosby, Comm. General Land Office, Austin; Hon. James H. 
BeU, Judge First Judicial District, Brazoria ; Hon. Matthew Talbot, 
Chief Justice, Matagorda county; Nelson, Clements, & Co., New 
York ; Browning, Stewart, & Allen, New York. 



15* 



CHAPTER XVIII. 

POST-OFFICES IN TEXAS, AS FURNISHED BY THE POST- 
MASTER OF GALVESTON, WITH CORRECTIONS, TO 
DECEMBER 1, 1856. 

[County towns are designated by an asterisk ( * ).] 



POST-OFFICES. COUNTIES. 

Alma Rusk. 

Almond Grove... Red River. 

Alta Springs Limestone. 

Alto Cherokee. 

Alton Denton. 

Alley's Mills Cass. 

Alum Creek Bastrop. 

Alvarado Johnston. 

Alguna San Patricio. 

Anadarco Rusk. 

Anagua Victoria. 

Anahuac Liberty. 

Anderson Grimes. 

Antioch Lavaca. 

Angelina Angelina. 

Aransas Refugio. 

Ash Springs Harrison. 

Ashton's Shelby. 

Ashville Harrison. 

Athens"^ Henderson. 

Austin* Travis. 

Avant Freestone. 



POST-OFFICES. COUNTIES. 

Bagdad Williamson. 

Black Jack Grove Hopkins. 

Black Oak Hopkins. 

Black Jack Spr's Fayette. 
Barren Ridge ... Van Zandt. 
Bason Springs... Grayson. 

Bastrop"^ Bastrop. 

Bean Creek Hunt. 

Bear Creek Sabine. 

Bearsden Lavaca. 

Beaumont* JeflFerson. 

Beaver Anderson. 

Bedi Grimes. 

Bellevieu Rusk. 

Bellville* Austin. 

Belmont Gonzales. 

Belone Austin. 

Belton* Bell. 

Belzora Smith. 

Bendy's Landi'g Tyler. 
Ben Franklin.... Lamar. 

Bethany..... Panola. 

(174) 



LIST OF POST-OFFICES. 



175 



\ 



POST-OFFICES. COUNTIES. 

Bethel Anderson. 

Berrien Smith. 

Benton... Harrison. 

Bevelpcrt Jasper. 

Big Creek Fort Bend. 

Big Dollar Wood. 

Billum's Creek.. Tyler. 

Biloxi Newton. 

Birdville* Tarrant. 

Black Hill Kauffman. 

Blossom Prairie Lamar. 

Blue Hill Williamson. 

Blue Bluflf. M'Lellan. 

Bluff Springs.... Travis. 

Boerne* Kerr. 

Bonham* Fannin. 

Bonito .-. Guadalupe. 

Boonville'^ Brazos. 

Boston"^ Bowie. 

Bould Springs... M'Lellan. 

Box Creek Cherokee. 

Brazos St. Jago Cameron. 
Brazos Bottom.. Burleson. 

Brazoria"^ Brazoria. 

Brackett Kinney. 

Brenham* Washington. 

Bright Star Hopkins. 

Brownsboro' Henderson. 

Brownsville*.... Cameron. 

Buena Vista Shelby. 

Buffalo Henderson, 

Bunker Hill Rusk. 

Burkville* Newton. 

Burleson Lampasas. 

Burnet* Burnet. 

Butler Freestone. 

Bryant's Station Milam. 



POST-OFFICES. COUNTIES. 

Caldwell* Burleson. 

Caledonia Rusk. 

Calhoun Rusk. 

Cameron* Milam. 

Caney Matagorda. 

Canton* Van Zandt. 

Carizo Webb. 

Carthage* Panola. 

Castroville* Medina. 

Cat Springs Austin. 

Carolina Falls. 

Calloway Upshur. 

Cambridge Rusk. 

Camden Rusk. 

Case's Mills Travis. 

Caney Head Tyler. 

Cannonville Comal. 

Centre Rusk. 

Cedar Fork Kauffman. 

Cedar Bayou Liberty. 

Cedar Creek Bastrop. 

Cedar Grove Kauffman. 

Cedar Hill DaUas. 

Cedar Lake Brazoria. 

Centreville* Leon. 

Chambersia Liberty. 

Chambersville... Liberty. 

Charco Goliad. 

Chambers's Cr'k Ellis. 

Chance's Prairie Burleson. 

Chappel Hill Washington. 

Chermo Nacogdoches. 

China Grove Gonzales. 

Cincinnati Walker. 

Clayton Grayson. 

Clarksville* Red River 

Clear Fork Caldwell. 



176 



LIST OF POST-OFFICES. 



POST-OFFICES. COUNTIES. 

Clear Creek Denton. 

Clinton Dewitt. 

Clopton Smith. 

CofFeeville Upshur. 

Cold Springs Polk. 

Coletto Dewitt. 

Colita Tolk. 

College Mound.. Kauffman. 

Columbia Brazoria. 

Columbus* Colorado. 

Comanche Peak Johnson. 

Concord Harrison. 

Concrete Dewitt. 

Copano Refugio. 

Corpus Christi* Neuces. 

Corsicana* Navarro. 

Cotland Newton. 

Cotton Gin Freestone. 

Cotton Plant Rusk. 

Covington Hill. 

Crockett* Houston. 

Crimea Hill. 

Cusseta Cass. 

Cuero* Dewitt. 

Cunningham's .. Bastrop. 

Cypress City Harris. 

Dangerfield Titus. 

Dallas* Dallas. 

Danville Montgomery. 

Deer Creek Fajls. 

De Kalb Bowie. 

Dhanis Medina. 

Douglass Nacogdoches. 

Douglassville.... Cass. 

Durk Creek Dallas. 

Dresden Navarro. 

Duncan's Wood.. Orange. 



POST-OFFICES. COUNTIES. 

Eagle Lake Colorado. 

Eagle Pass* Kinney. 

Earpville Upshur. 

Edinburgh Cameron. 

Egypt Colorado. 

Elkhart Anderson. 

Elm Creek Falls. 

El Paso* El Paso. 

Elwood* Madison. 

Elysian Fields... Harrison. 

Eutaw Robertson. 

Erin Jasper. 

Fairfield Freestone. 

Fairmount Sabine. 

Fair Play Panola. 

Farmer's Bran'h Dallas. 

Fayetteville Fayette. 

Furguson Grayson. 

Fincastle Henderson. 

Flintham's T'n'd Red River. 

Flora Smith. 

Flowerdale Freestone. 

Forrest Home... Cass. 
Fort Graham.... Hill. 

Fort Worth Tarrant. 

Fort Belknap*.. Young. 

Fort Inge Uvalde. 

Four Mile Prai'e Van Zandt. 
Fredericksburg . Gillespie. 

Fredonia Rusk. 

Freedom Harrison. 

Frelsburg Colorado. 

Friendship Harrison. 

Gainsville Cook. 

Gallatia Harrison. 

Galveston Galveston. 

Garden Valley... Smith. 



LIST OF POST-OFFICES. 



177 



POST-OFFICES. COUNTIES. 

Garcita "Victoria. 

Gay Hill Washington. 

Georgetown Williamson. 

Gilbert M'Lellan. 

Gilmer Upshur. 

Gilliland Creek.. Travis. 

Gold Hill Hopkins. 

Goliad Goliad. 

Gonzales Gonzales. 

Gouldsboro' Titus. 

Goshen Walker. 

Glade Springs... Harrison. 
Graham's Mills.. Shelby. 

Grand Bluff Panola. 

Grand Cape Liberty. 

Gray Rock Titus. 

Greenville Hunt. 

Grimesville Grimes. 

Gulf Prairie Brazoria. 

Gum Spring Smith. 

Halifax Polk. 

Hallettsville Lavaca. 

Hall's Bluff Houston. 

Hamburg Van Zandt. 

Hamilton Shelby. 

Harmony Hill... Rusk. 

Harrington Angelina. 

Harrisburg Harris. 

Hartville Austin. 

Hackberry Gro'e Grayson. 

Havanna Dallas. 

Helena* Karnes. 

Henderson* Rusk. 

Hendersonville.. Anderson. 

Hesterville Dewitt. 

Hickory Hill.... Cass. 
Highland Collin. 



POST-OFFICES. COUNTIES. 

Hilliard's Shelby. 

Hillsboro' Hill. 

Hickory Grove.. Smith. 
Hodge's Bend... Fort Bend. 
Holly Springs... Wood. 

Home Walker. 

Honey Grove.... Fannin. 

Hooker's Hunt. 

Hopewell Upshur. 

Hopkinsville .... Gonzales. 

Hortensville Karnes. 

Houseville Harris. 

Houston* Harris. 

Howard Bell. 

Huntsville* Walker. 

Hornsby . 

Independence ... Washington. 
Indian Grove.... Grayson. 

Indianola Calhoun. 

Industry Austin. 

loni Anderson. 

Jacksonville Cherokee. 

Jamestown Smith, 

Jasper* Jasper. 

Jefferson Cass. 

Johns's Liberty. 

Johnson's Stat'n Tarrant. 

Jonesville Harrison. 

Jordan's Salines Van Zandt. 

Jackson Mason. 

Jena Falls. 

Kauffman Kauffman. 

Keechi Freestone. 

Kentucky Town Grayson. 

Kemp Kauffman. 

Kerrsville Kerr. 

Kickapoo Anderson. 



178 



LIST OF POST-OFFICES. 



POST-OFFICES. COUNTIES. 

Kidd's Mills Leon. 

Kinlock Panola. 

Kiomatia Red River. 

Knoxville Cherokee. 

Lagrange Fayette. 

Lake Trinity. 

Lake Creek Lamar. 

Lamar Refugio. 

Lampassas* Lampassas. 

Lancaster Dallas, 

Laredo''^ Webb. 

Larissa Cherokee. 

Locust Shade.... Dallas. 

Llano Llano. 

Leona Leon. 

Lexington Burleson. 

Liberty* Liberty. 

Liberty Hill Williamson. 

Licke Fannin. 

Linden* Cass. 

Lineville Panola. 

Linflat Nacogdoches. 

Linwood Cherokee. 

Little Elm Denton. 

Live Oak Dewitt. 

Liverpool Brazoria. 

Livingston* Polk. 

Lockhart* Caldwell. 

Lone Star Titus. 

Long Point Washington. 

Lynchburg Harris. 

Lyons Fayette. 

Lewisville Denton. 

M'Goffinsville.... El Paso. 

M'Gee's Liberty. 

M' Kinney* Collin. 

M'Millan's Panola. 



POST-OFFICES. COUNTIES. 

Madisonville*... Madison. 

Madison Orange. 

Magnolia. Anderson. 

Magnolia Spri'gs Jasper, 

Malakoff Henderson. 

Maple Springs... Red River. 

Marion* Angelina. 

Marlin* Falls. 

Marlow's Mills.. Anderson. 

Marshall Harrison. 

M atagorda* Matagorda. 

Mayesville Bexar. 

Melrose Nacogdoches. 

Meridian* Bosque. 

Merilltown Travis. 

Meyerville Dewitt. 

Midway Madison. 

Middletown Goliad. 

Milam* Sabine. 

Milford Ellis. 

Millhein Austin. 

Mill Creek Bowie. 

Millican's Brazos. 

Millville Rusk. 

Millwood , Collin. 

Mission Valley.. Victoria. 

Mitchell's Walker. 

Monterey Red River. 

Montgomery*... Montgomery. 

Moore's Bowie. 

Morales deL'v'ca Jackson. 

Moscow Polk. 

Moulton Gonzales. 

Mt. Carmel Smith. 

Mt. Enterprise.. Rusk. 

Mt. Petria Dewitt. 

Mt. Pleasant*... Titus. 



LIST OF POST-OFFICES. 



179 



POST-OFFICES. COUNTIES. 

Mt. Vernon Limestone. 

Mound Praii-ie.. Anderson. 

Mud Springs.... Denton. 

Mulberry Grove Grayson. 

Murvall Rusk. 

Muskeet Navarro. 

Mustang Lavaca. 

Myrtle Springs.. Bowie. 

Naches Houston. 

Nacogdoches*... Nacogdoches. 

Nashville Milam. 

Navarro Leon. 

Navasoto Grimes. 

New Braunfels* Comal. 

New Danville.... Rusk. 

Newburg Mills.. Parker. 

Newport Walker. 

New Salem Rusk. 

Newton* Newton. 

New Ulm Austin. 

North Sulphur.. Fannin. 

Neucestown Neuces. 

Oak Grove Titus. 

Oakland Lavaca. 

Oat Meal Burnet. 

Odessa.... Wise. 

Ogsburn Smith. 

Omega Upshur. 

Owensville* Robertson. 

Orizaba . 

Palestine* Anderson. 

Pallace Hill Dallas. 

Pamplin's Creek Tyler. 

Paulineville Tyler. 

Parker's BluflF... Navarro. 

Paris* Lamar. 

Peachtree Vill'ge Tyler. 



POST-OFFICES. COUNTIES. 

Personville Limestone. 

Perry M'Lellan. 

Perryville Bastrop. 

Petersburg Lavaca. 

Pierpont Place.. Dewitt. 

Pilot Grove Grayson. 

Pilot Point Denton. 

Pine Bluff Red River. 

Pine Hill Rusk. 

Pine Island Jefferson. 

Pinetown Cherokee. 

Pinetree Upshur. 

Pin Oak Fayette. 

Piano Collin. 

Pleasant Hill.... Hopkins. 

Pleasant Run.... Dallas. 

Plenitude Anderson. 

Plum Creek Caldwell. 

Plum Grove Fayette. 

Point Isabel Cameron. 

Point Monterey.. Cass. 

Point Pleasant. . . Upshur. 
Pond Springs.... Williamson. 
Post Oak Island Williamson. 

Porter's Prairie Burleson. 

Port Caddo Harrison. 

Port Lavaca Calhoun. 

Port Sillivan Milam. 

Post Oak Bexar. 

Powellton Harrison. 

Prairie Creek.... Dallas. 
Prairie Cottage.. Colorado. 

Prairie Lea Caldwell. 

Prairie Mount... Lamar. 
Prairie Plains... Grimes. 

Prairieville Kauffman. 

Preston Wharton. 



180 



LIST OF POST-OFFICES. 



POST-OFFICEf?. COUNTIES. 

Price's Creek.... Dewitt. 

Prospect Burleson. 

Prosperity Falls. 

Providence Hill. Tyler. 
Porter's Bluff... Navarro. 

Pulaski Panola. 

Panamaria Karnes. 

Pine Grove Austin. 

Pecan Grove Gonzales. 

Peoria Hill. 

Palo Alto Gonzales. 

Quihi Medina. 

Quintana Brazoria. 

Quitman* Wood, 

Rancho Gonzales. 

Red Oak Ellis. 

Red Rock Upshur. 

Red Springs . 

Red Top Harrison. 

Reed's Settlem't Panola. 

Reedyville... Hidalgo. 

Refugio* Refugio. 

Retina Hopkins. 

Retreat Grimes. 

Richland Cross'g Navarro. 

Richmond* Fort Bend 

Rio Grande C'y* Starr. 

Roadville Anderson. 

Rock Island Austin. 

Rock Hill Collin. 

Rocky Mills Lavaca. 

Rockwall Kauffman. 

Roma Starr. 

Rose Hill Harris, 

Roseland .. Collin. 

Round Top Fayette. 

Round Prairie... Lamar. 



POST-OFFICES. COUNTIES. 

Rusk* Cherokee. 

Rutersville Fayette. 

Rutherford Parker. 

Round Rock Williamson. 

Robertson Hill. 

Robins's Ferry.. Houston. 

Sabine City Jefferson. 

Sabine Town.... Sabine. 

Sabinal Uvalde. 

Salado Bell. 

Salem Newton. 

Saluria Calhoun. 

Salt Stream, Gonzales. 

San Antonio* ... Bexar. 

San Andres Milam. 

San Augustine* San Augustine. 

San Bernard Colorado. 

San Cosma Rusk. 

San Felipe Austin. 

Sand Fly Bastrop. 

San Gabriel Williamson. 

Sand Hill Rusk. 

San Marcos*.... Hays. 

San Patricio*... San Patricio. 

San Pedro Houston. 

Sandy Point Brazoria. 

San Saba* San Saba. 

Savannah Red River. 

Sebastopol . 

Seguin* Guadalupe. 

Selma Bexar. 

Sempronius Austin. 

Seven Leagues.. Smith. 

Seven Oaks Galveston. 

Scyene Dallas. 

Shannon's Montgomery. 

Shelby Austin. 



LIST OF POST-OFFICES. 



181 



POST-OFFICES. COUNTIES. 

Shelby viUe* Shelby. 

Sherman Grayson. 

Shiloh Hunt. 

Shockey's Prai'e Lamar. 

Sisterdale Comal. 

Smithfield Polk. 

Smithland Cass. 

Skull Creek Colorado. 

Springfield Limestone. 

Spring Hill Navarro. 

Sugar Hill Panola. 

Sulphur Bluff... Hopkins. 

Sulphur Springs Cherokee. 

Summer Grove.. Smith. 

Sumpter* Trinity. 

Sutherland Spr's Bexar. 

S wartwout Lib er ty . 

Swearengen's. . . . Austin. 

Sweet Home Lavaca. 

Tehuacana Spr's Limestone. 

Taos Navarro. 

Tarkington's P'e Liberty. 

Tarrant* Hopkins. 

Taylorsville* .... Wise. 

Telico Ellis. 

Tenn'e Colony... Anderson. 

Texana* Jackson. 

Timber Creek... Hunt. 

Town Bluff. Tyler. 

Travis Austin. 

Trinidad Kauffman. 

Troupe Smith. 

Troutman Cherokee. 

Troy Freestone. 

Truet's Store.... Shelby 

Tyler* Smith. 

16 



POST-OFFICES. COUNTIES. 

Triar Bexar. 

Union Bridge.... Titus. 

Union Hill Washington. 

Unionville Cass. 

Uvalde*... Uvalde. 

Valley Guadalupe. 

Victoria* Victoria. 

Vine Grove Washington. 

Waco Village*.. M'LeUan. 
Walling's Ferry. Rusk. 

Walnut Hill Panola. 

Wardville Johnston. 

Warren Fannin. 

Warsaw Prairie. Kauffman. 
Washington* .... Washington. 

Waverly Walker. 

Waxahachie*.... Ellis. 
Weatherford* ... Parker. 

Webberville Travis. 

Weiss Bluff. Jasper. 

West Liberty.... Liberty. 

Weston Collin. 

Wharton* Wharton. 

Wheelock Robertson. 

White Cottage... Shelby. 

White Oak Hopkins. 

White Rock Hill. 

Willow Springs.. Milam. 

Winnsboro' Wood. 

Woods's Panola. 

Woodland Hopkins. 

Woodville Tyler. 

Woodboro' Grayson. 

Young's Settle't Bastrop. 

Zavalia Jasper. 

Zoar Gonzales. 



CHAPTER XIX. 



COUNTIES AND COUNTY SITES. 

[County towns not established are designated by an asterisk {*).2 



COUNTIES. COUNTY-TOWNS. 

Anderson Palestine. 

Angelina Marion. 

Austin San Felipe. 

Atascosa Newtown. 

Bastrop Bastrop. 

Bell Belton. 

Burnet Hamilton. 

Bexar San Antonio 

Bowie Boston. 

Brazoria Brazoria. 

Brazos Booneville. 

Burleson Caldwell. 

Bosque Meridian. 

Bandera* . 

Brown* . 

Caldwell Lockhart. 

Calhoun Indianola. 

Cameron Brownsville. 

Cass Linden. 

Cherokee Busk. 

Collin M'Kinney. 

Colorado Columbus. 

Comal New Braunfels. 

Cook Gainsville. 

Coryell Gatesville. 

Comanche* . 



COUNTIES. COUNTY-TOWNS. 

Dallas Dallas. 

Denton , Alton. 

Dewitt Clinton. 

Ellis Waxahachi. 

El Paso San Eleazario. 

Erath Stephensville. 

Falls Marlin. 

Fannin Bonham. 

Fayette Lagrange. 

Fort Bend Richmond. 

Freestone Fairfield. 

Galveston Galveston. 

Gillespie Fredericksburg. 

Goliad Goliad. 

Gonzales Gonzales. 

Grayson Sherman. 

Grimes Anderson. 

Guadalupe Seguin. 

Hai'ris Houston. 

Hidalgo Edinburgh. 

Harrison Marshall. 

Hays San Marcos. 

Hill Hillsboro'. 

Henderson Athens. 

Hopkins Tarrant. 

Houston Crockett. 

(182) 



COUNTIES AND COUNTY SITES. 



183 



COUNTIES. COUNTY-TOWNS. 

Hunt Greenville. 

Jackson Texana. 

Johnson Wardville. 

Jasper Jasper. 

Jefferson Beaumont. 

Jack Mesquiteville. 

Kauffman.. Kauffman. 

Kinney Brackett. 

Kerr Kerrsville. 

Lamar Paris. 

Lavaca Hallettsville. 

Leon Centreville. 

Liberty Liberty. 

Limestone Springfield. 

Lampasas Lampasas. 

Live Oak* . 

Llano Llano. 

Matagorda Matagorda. 

M'Lennan Waco. 

Medina Castroville. 

Milam Cameron. 

Montgomery .... Montgomery 

Maverick Eagle Pass. 

M'Culloch . 

Nacogdoches Nacogdoches. 

Navarro Corsicana. 

Newton Newton. 

Neuces Corpus Christi. 

Orange Madison. 

Panola Carthage. 

Polk Livingston. 



COUNTIES. COUNTY-TOWNS. 

Presidio Presidio C. H. 

Parker Weatherford. 

Palo Pinto Golconda. 

Red Eiver Clarksville. 

Refugio Refugio. 

Rusk Henderson. 

Robertson Owensville. 

Sabine Milam. 

San Augustine.. San Augustine. 

San Patricio San Patricio. 

Shelby Shelby ville. 

Smith Tyler. 

Starr Rio Grande City. 

San Saba Rochester. 

Tarrant Birdville. 

Titus Mt, Pleasant. 

Travis Austin. 

Trinity Sumpter. 

Tyler Woodville. 

Upshur Gilmer. 

Uvalde Uvalde. 

Van Zandt Canton. 

Victoria Victoria. 

Walker Huntsville. 

Washington Brenham. 

Webb WebbC. H. 

Wharton Wharton. 

Williamson Georgetown. 

Wood Quitman. 

Wise* . 

Young Belknap. 



CHAPTER XX 



MISCELLANEOUS. 



Elevations of different Points in Texas : mostly from 
Be Qordova and Fraser's " Traveller's Cruide,^* 



FEET. 

Lavaca 24 

Matagorda 12 

Cibolo 350 

Castroville 767 

Leona mt. (near Ft. Inge) 950 
Kio San Pedro, last cross'g 1827 

Howard's Springs 2075 

Live Oak Creek 2337 

Rio Escondido, first cross'g 3950 
Highest point; road to El 

Paso 5896 

Eagle Spring 4842 

El Paso 3750 

BigWitchita 900 

Head of main or S. P. of 

Red River 2450 



FEET. 

Llano Estacado 2300 to 2500 

Guadalupe, m. of Sandies 60 

San Antonio 635 

Fort Inge 835 

R. San Pedro, first cross'g 859 

Table-lands of Texas 2091 

High table-land beyond.... 3008 

Rio Pecos Valley 2658 

Leon Spring 4240 

Painted Camp 5020 

Providence Creek 5492 

First point on Rio Grande., 3700 

Mouth of Little Witchita.. 750 
Junction of the S. and N. 

Forks of Red River... 1100 



The general average of the islands and peninsulas, along the coast, 
is not more than five or six feet above sea level. 

(184) 



MISCELLANEOUS. 185 

United States Military Stations. 

Ringgold Barr's, Starr county. Fort Mar'n Scott, Gillespie county 

Fort M'Intosh... AVebb *' «* Mason Bexar " 

^rown Maverick" «' Croughan.. Burnet " 

C^ai'ke Kinney " <* Plian'mHiU, Bosque " 

I^avis Presidio « " Graham.... Hill <' 

Leighton .. on the R. Grande. "■ Worth W. F. of Trinity. 

Eliss El Paso " San Antonio Bexar 

^ierrill Live Oak " Camp Cooper.... « « 

Inge Uvalde «« Camanche Age'y 

Terrell Bexar " (Tex. Gov.).. Cook << 

M'Kavit ... " " Caddo Agency 

Chadbourne " " (Tex. Gov.).. Young " 

Mexican Land Measure. 

In all lands granted by Spain and Mexico, the quantities are desig- 
nated by leagues, labors, and varus, and their fractions. We have 
therefore, reduced them to English measure, as follows, viz. : 

One vara is equal to 33i inches: 5646 square va'ras, one acre, 
equal to 4840 square yards. One labor is 1,000,000 square varas^ 
equal to 177-///^ acres. One-third league is 8,333-333 square varas' 
equal to 1476 acres. One league is 25,000,000 square varas, equal to 
4428 acres. One league and one labor is 26,000,000 square varas 
equal to 4605 acres. * 

To find the number of acres in a given number of square varas, 
divide by 5646. 

To bring English measure into Mexican, add eight per cent. 



16* 



CHAPTER XXI. 

STATISTICS: FROM mCHARDSON'S "TEXAS ALMANAC,' 
PUBLISHED BY THE " GALVESTON NEWS." 



NEGROE 


S, HORSES, AND CATTLE, IN 1850 AND 1855. 


COUNTIES. 


NEGROES. j| 


HORSES. 1 


CATTLE. 1 






nci'se 


1 


Incr'se 






lucr'se 




ISoO. 


1855. 


in five 


1850. 


1855. 


in five 


1850. 


1855 


in five 








years. 






years. 






years. 


Anderson 


600 


1917 


1317 


943 


1721 


778 


7621 


13350 


5729 


Angelina 


196 
1549 


291 
2353 


95 
804 


558 
2715 


569 
3447 


11 

732 


6371 
22550 


9196 
33019 


2825 
10469 


Austin 


Bastrop 


919 


1748 


829 


1912 


3031 


1119 


18610 


25592 


6982 


Bell 




466 






2119 






16607 




Bosf^ue 


"389 


34 

980 


"691 


"704 


361 
3791 


3087 


9289 


1402 
40272 


309S3 


Bexar 


Bowie 


1641 


1866 


225 


1349 


1089 


260 


8184 


5153 


3031 


Brazoria 


3507 
148 


4294 
427 


787 
279 


2454 
448 


4576 
754 


2122 
306 


50192 
6309 


53671 
13762 


3479 
7453 


Brazos 


Burleson 


500 


1054 


554 


973 


1860 


887 


12766 


26009 


13243 


Burnet 




150 






703 






9021 




Caldwell 


274 


1171 


879 


218 


4113 


3895 


4042 


19238 


15196 


Calhoun 


234 


352 


118 


410 


1131 


721 


8278 


21089 


12811 


Cameron 


53 


15 


38 


942 


3884 


2942 


4319 


13424 


9105 


Cass 


1902 


3518 


1616 


1340 


2010 


670 


8157 


7297 


890 


Cherokee 


1283 


2286 


1003 


1618 


1265 


353 


9583 


4128 


6455 


Collin 


134 
723 


438 
1580 


304 
857 


977 
3107 


2316 
1869 


1339 
1238 


4813 
22261 


11098 
13458 


6285 
8803 


Colorado 


Comal 


61 


126 


66 


119 


948 


829 


1283 


10590 


9307 


Cooke 


1 


123 


122 


68 


400 


332 


503 


4328 


3825 


Coryell 




139 






789 






4242 




Dallas 


207 


481 


274 


756 


2642 


1868 


3643 


13192 


9549 


Denton 


10 

568 
77 


79 
963 
617 


69 
395 
440 


249 

2635 

327 


926 
5928 
1593 


677 
3293 
1266 


1754 
17954 

2868 


8389 
31518 
13852 


6635 
13564 
10994 


Dewitt 


Ellis 


El Paso 




"8.51 






429 
1664 






2216 
14197 




Falls 




528 
1016 


1019 
2072 


491 
1056 


1877 
1722 


2085 
4397 


208 
2675 


10192 
14085 


12688 
26952 


2496 
12867 


Fayette 


Fort Bend 


1554 


1746 
2167 


192 


1835 


2898 
1672 


1063 


29223 


30380 
13279 


1157 


Freestone 


Galveston 


714 


963 


249 


391 


831 


44*6 


13328 


15600 


2272 


Gillespie 


5 


63 


58 


86 


512 


426 


788 


10190 


9402 


Goliad 


213 


416 


203 


432 


1962 


1.530 


7731 


187.33 


11002 




601 


2140 


15.39 


2319 


5422 


3103 


29726 


38231 


8505 




186 


602 


416 


873 


90S3 


1410 


5111 


13566 


8455 


Grimes 


1680 


3177 


1497 


1.570 


2.i38 


968 


22324 


18915 


3409 




335 


1637 


1302 


1389 


3646 


2257 


11563 


26280 


14717 


Harris 


905 


1195 


290 


1718 


2264 


546 


29123 


45106 


159 S3 


Harrison 


6213 


7014 


801 


2940 


2783 


157 


12530 


7493 


50.37 


Hays 


128 


517 


389 


216 


1029 


818 


1733 


4526 


2793 


Henderson 


81 


411 


330 


264 


415 


151 II 3392 


3817 


426 



(186) 



STATISTICS. 



187 



NEGROES, HORSES, 


AND CATTLE, IN 1850 AND 1855. 


COUNTIES. 


NEGROKS. 1 


HORSES. 1 


CATTLE. 1 






ncr'se 


1 


[ncr'se 




Incr'se I 




1850. 


1855. 


in five 


1850. 


1855. 


in five 


1850. 


1855. 


in five 








years. 






years. 






years. 


Hill 




254 






887 






9156 




Hidalgo 


"l54 

673 


"3.52 
1595 


'l98 
992 


"'850 
1028 


109 
1870 
1501 


1026 
473 


8963 
13016 


670 
18248 
12949 


9285 
67 


Hopkins 


Houston 


Hunt 


41 
339 
541 


198 
717 
991 


157 
378 
450 


361 

1074 

437 


1838 

1451 

613 


1477 

377 
176 


3480 

20792 

5800 


17871 

40437 

6127 


14391 

19715 

327 


•Jackson 


Jasper 




269 

""65 

1085 


216 

120 

'329 
1296 


35 

"264 
""211 


1927 

'"303 
1988 


2785 
591 

1122 

2487 


858 

'"819 
""499 


29159 

2865 
14483 


39657 
5047 

11308 

12592 


10498 

8443 
1891 


Johnson 


Karnes 


Kauffman 


Kinney 


Lamar 




432 
621 


1004 
1455 


572 
834 


145« 
1202 


2107 
1901 


652 

699 


12590 

14089 


16228 
14533 


3638 
444 




Liberty 


892 
618 


922 
680 


30 
62 


2451 
1248 


3203 
1799 


752 
551 


45670 
13294 


58031 
21360 


12361 
8066 


Limestone 


M'Lennan 




1048 
429 






1887 
1190 






15003 
10436 




Madison 




28 
436 
945 


1578 

25 

749 

1448 


"371 

3 

313 

503 


1078 

90 

1151 

1006 


1638 

300 

2565 

1037 


560 

210 

1414 

21 


35009 

797 

10630 

11777 


33334 

5778 

18185 

6325 


1675 

4981 
7555 
5452 


Medina 


Milam 




Nacogdoches 


1404 


1714 


310 


1486 


2378 


892 


9879 


14572 


4693 


Navarro 


246 
426 

47 

1193 


1135 

602 

89 

1990 


889 

176 

42 

'"797 


896 
331 

677 

1116 


2812 

496 

1315 

1531 


1916 
165 

638 

""415 


9265 

4940 

10075 

67i'y 


29505 

4481 

14364 

8633 


20240 
459 

4289 

1914 


Newton 


Neuoes 


Orange 


Panola 


Polk 


805 


1450 


645 


1058 


1037 


21 


15436 


5408 


1002s 


Presidio 




















Red River 


1406 


1807 


"461 


1343 


1731 


388 


9182 


12811 


3629 


Refugio 


19 


148 


129 


407 


1550 


1143 


10124 


14833 


4709 


liobertson 


264 
2136 


1239 
3620 


975 
1484 


710 
2480 


1584 
2712 


874 
232 


11634 
12423 


19959 
9670 


8325 
2753 


Rusk 


Sabine 


912 


800 


142 


784 


247 


537 


7293 


2144 


5149 


San Augustine 


1561 


1448 


■ 113 


1048 


946 


102 


9063 


6003 


3060 


San Patricio 


3 


21 


18 


47 


252 


205 


1092 


10510 


8818 


Shelby 


961 


775 


186 


1353 


941 


412 


10985 


7172 


3713 


Smith 


717 


2439 


1722 


980 


1684 


704 


6133 


5557 


576 


Starr 




















Tarrant 


65 


280 


"215 


VJ9 


1696 


1537 


1549 


1.3570 


12021 




467 


1216 


749 


953 


1053 


100 


6838 


7160 


322 




791 


2068 
260 


1277 


1511 


3746 
516 


2235 


11953 


18396 
7017 


6443 


Trinity 


Tyler 


418 


752 


334 


547 


713 


166 


4938 


5484 


546 


Upshur 


682 


1784 


1102 


996 


1025 


29 


5473 


3026 


2447 


Uvalde 




















Van Zandt 


40 


125 


85 


623 


643 


20 


4097 


7520 


3423 


Victoria 


571 


861 


290 


1838 


2988 


1150 


1.3288 


28243 


149.^5 


Walker 


1301 
2817 


2765 
4399 


1464 
1582 


1818 
2552 


1930 
4408 


112 
1856 


23923 
21873 


11947 
22090 


11976 
217 


Washington 


Webb 










274 






3530 




W^harton 


1242 


1798 


556 


1173 


2179 


1006 


15008 


14977 


691 


Williamson 


155 


757 


602 


2223 


4045 


1822 


21000 


21832 


772 


Wood 




354 






5.".7 






4(>69 















188 STATISTICS. 

It will be seen that the slave population has increased from 58,161, 
in 1850, to 105,704, in 1855. But the number of slaves assessed, in 
1850, waa only 49,197 — showing an increase, by the assessments of 
1855, of more than 100 per cent. The ad valorem value has risen 
from $361, in 1850, to $505, in 1855. Six counties show a decrease 
in slaves, during the five years. Two, Cameron and Medina, are on 
the Rio Grande ; and the decrease arises from their proximity to 
Mexico, making this kind of property a very uncertain one. The 
other four counties are in Eastern Texas; and the decrease arises, 
probably, from emigration to the counties further west. Those coun- 
ties which, in the column of 1850, are blank, have been organized 
since that time ; and those in the column of 1855 that are blank, are 
not yet organized; at least, three of them have not been, and from 
the other two no returns have been made. 

Horses have increased from 89,223, in 1850, to 177,444, in 1855, or 
nearly 100 per cent. Eight counties, seven of which are in the east- 
ern portion of the State, show a decrease in this stock, during the 
five years. This arises from the want of grass in Eastern Texas, the 
horses having been removed to the western prairies. To the same 
cause is to be attributed the decrease of cattle which occurs in twenty 
counties of the State; all in the eastern counties, except Colorado. 
The decrease in these twenty counties has taken place in the face of 
an increase in the State of more than 100 per cent., during the five 
years. This, alone, is sufi&cient to establish the truth of what we 
have elsewhere stated, in regard to the great superiority of the west- 
ern counties for stock-raising. A careful perusal of the foregoing 
table will show the very rapid increase, in this kind of stock, since 
1850. In Bexar county, alone, the increase of cattle was from 9289 
head to 40,272, or about 450 per cent., during the five years. 

The whole number of horses and cattle assessed, in 1850, was 
750,352,* valued at $5,222,270; whilst, in 1855, the number had 

* The Census Report for 1850 gives the whole number of horses and cattle at 
1,019,337, while the assessment for the same year returned only 750,352, making a 
difference of 268,985 head. We cannot conceive why so large a difference should 
occur; for, admitting that the Census Report is an over-estimate, and the assessment 
below the actual number, there is still too great a difference to reconcile by any 
ordinary allowance for error. There is no doubt but that the assessed number is, 
annually, considerably below the true one. 



STATISTICS. J89 

risen to 1,603,146, valued at $16,916,838. or an increase of about 
110 per cent, m number, and of more than 300 per cent, in value 

The above statement shows a most astonishing result, considering 
that only twenty years have passed since Texas was, literally, an un- 
cultivated waste. Ten years have now elapsed since the anne.atiou 
of Texas to the United States, during which time her wealth has 
increased nearly five-fold. It will be seen that the land assessed has 
mcreasedf^m 31 967,480 acres to 45,419,836, and in value from 
$1-,/ 76,101 to $68,834,624, or more than 300 per cent., during the 
ten years. The average value per acre has risen from about 55 cents 
in 1846, to $1-28, in 1855, or more, than 280 per cent ' 

Negroes have increasedinnumberfrom31,099, valued at$10,142 198 
or an average value of $324 per head, to 105,704, valued at $53 422'663' 
or an average value per head of |505. This gives an increase in 
number of a little more than 300 per cent, and in value of more 
than 500 per cent. 

^ The whole number of horses and cattle, in 1846, was but 411,100. 
since which time they have increased to 1,603,146, or 400 per cent' 

lllooZT- '" r\"%'r ''^" ''^' S^^^*-' ^--°g risen from 
$2,929,372, m 1846, to $16,916,833, in 1855, or nearly 600 per cent 

Under the head of money at interest, goods in store, etc., is included 

also miscellaneous property, and the value of town lots. It will be 

seen that the increase in the value of the whole has been from 

$3,543,501 to $20,649,024, or nearly 600 per cent. The aJa " 

increase of aU kinds of property, during the ten years, as exhibited 

m the column of aggregate taxable property, will be found to be 

fTJ'L^r T:.^^:"^^ "''"' '^ '^^ "^S^^Sate value, from 
$34,391,174 to about $150,000,000. 



CHAPTER XXII. 



REMARKS ON PRESENT AND FUTURE PROSPECTS. 



It will be seen, by the foregoing tables, that Texas 
has progressed, in substantial wealth, in a rapid ratio, 
notwithstanding the many adverse circumstances 
under which she labors ; the most material of which 
are, difficulty of access, and lack of railroads, or 
other good communications to the interior. But 
emigrants, with willing minds and ready bands, are 
all the appliances needed for bringing these things 
about, and making her the superior producing and 
exporting State of our glorious Confederacy. This 
is a country where the rich, the poor, and those who 
have a modicum of this world's goods, may find soil, 
climate, and productions suited to their various 
wants ; and never, in any other country, did such a 
combination of happy circumstances concur to make 
man satisfied with his earthly lot. The wide-spread 
and luxuriant prairies, and the rich alluvial loams, 

(190) 



PRESENT AND FUTURE PROSPECTS. 191 

invite honest industry to come, till, and reap the 
abundant rewards of harvest. 

The high wall of despotism with which Spain 
and Mexico surrounded this country, and, for a long 
time, excluded it from the progressive influences of 
the world, has been thrown down by Anglo-Saxon 
valor; the vulture and viper of tyrannic misrule 
have fled before the American eagle; and the de- 
grading oppression formerly exercised by unbridled 
power, through its wilHng instruments. Mother Qhurch 
and the military, has given way to the civic rule of 
benign republicanism. 

When we look on Texas, and then turn our eyes 
to the adjacent country, Mexico, we are astonished 
at the contrast, so unfavorable to the latter. While 
she is old in theories, crimes, and civilization, with 
but the moral stamina and vigor of an ancient de- 
bauchee, Texas, her dismembered province, becomes, 
under another influence, vigorous and thrifty, with 
well-founded hopes of future greatness. We say to 
ourselves, notwithstanding it is unchristian to covet 
our neighbor's goods, still, where that neighbor is so 
improvident with the bounties which God hath be- 
stowed, and so little thoughtful of the Giver, that 
the world would be much benefited with a 'more 
thrifty tenant, and no one could be injured by the 
change. 

Nations, as well as individuals, are obligated to 
certain proprieties of deportment, not only among 
themselves, but towards others. It is true, in theorj° 



192 PRESENT AND FUTURE PROSPECTS. 

that one sovereign nation is independent of all 
others ; but, in practice, every civilized nation is 
dependent on every other ; and the bad government 
and vicious polity of a degraded nation, without vio- 
lating any international law, vibrate throughout the 
world, and demoralize all peoples. 



THE END. 



^^0 96 6^ 



Deacidified using the Bookkeeper process. 
Neutralizing Agent: Magnesium Oxide 
Treatment Date: 




JUL 1998 



PRESERVATION TECHNOLOGIES, LP. 
1 1 1 Thomson Park Drive 



